(Stafe  of  New  York. 

“5  S' 2.  0  1  f  /  No.  1643, 1706.  Rec.  187. 

- 

In  Assembly*, 

March  16,  1898. 


Senate  bill  No.  94,  introduced  by  Mr.  WHITE- — read  twice  and 
ordered  printed,  and  when  printed  to  be  committed  to  the 
committee  on  affairs  of  cities — reported  from  said  committee  with, 
amendments,  ordered  reprinted  as  amended  and  placed  on  the 
order  of  third  reading.  In  Assembly  reported  from  the 
committee  on  affairs  of  cities  with  amendments,  ordered  printed 
as  amended  and  restored  to  its  place  on  the  order  of  third 
reading — amended  on  third  reading,  ordered  reprinted  and 
restored  to  its  place  on  order  of  third  reading. 

AN  ACT  , 

For  the  government  of  cities  of  the  second  class. 

The  People  of  the  State  of  New  York ,  represented  in  Senate  and 
Assembly,  do  enact  as  folloies: 

1  ARTICLE  I. 

2  Section  1.  When  the  word  city  is  used  in  this  act,  it  means  a 

3  city  of  the  second  class,  and  all  the  provisions  of  this  act  have 

4  reference  only  to  such  cities. 

5  §  2.  Within  thirty  days  after  every  state  enumeration,  the 

0  secretary  of  state  shall  file  with  the  clerk  of  every  city  a  certifi 

y  cate  showing  the  population  of  such  city;  and  if  it  appears  there* 

8  from  that  such  city  has  since  the  prior  state  enumeration  become 

9  a  city  of  the  second  class,  then  all  the  provisions  of  this  act  shall 
apply  to  such  city  on  and  after  the  first  day  of  January  thereafter. 


Explanation.—  Matter  unierseered 
old  law  to  be  omitted. 


-Is  mew;  matter  ia  brackets  []  i* 


2 


1 

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» 

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£ 

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ir 
18 

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26 


ARTICLE  II. 

COMMON  COUNCIL. 

§  12.  The  legislative  power  of  the  city  is  vested  in  the  com 
men  council  thereof,  and  it  has  authority  to  enact  ordinances,  not 
Inconsistent  with  the  laws  of  the  state,  for  the  government  of  the 
city  and  the  management  of  its  business,  for  the  preservation  of 
good  order,  peace  and  health,  for  the  safety  and  welfare  of  its  in¬ 
habitants,  and  the  protection  and  security  of  their  property;  and 
its  authority,  except  as  otherwise  provided  in  this  act,  or  by  other 
laws  of  the  state,  is  legislative  only. 

4 

§  13.  There  shall  be  elected  at  the  first  election  under  this  act, 
and  at  the  city  election  every  two  years  thereafter,  a  president  of 

the  common  council  from  the  city  at  large,  who  shall  receive  an 

/  , 

annual  salary  of  one  thousand  dollars,  and  one  alderman  from 

<r 

each  ward  of  the  city,  who  shall  have  been  a  resident  in  such  ward 

* 

for  at  least  five  months  prior  to  such  election,  who  shall  hold  their 
offices  for  two  years;  and  the  president  and  aldermen  thus  elected 
shall  constitute  the  common  council.  The  aldermen  shall  serve 
without  pay. 

§  14.  The  members  of  the  common  council  shall  meet  in  the 
room  provided  for  that  purpose  on  the  second  day  of  January 
after  their  election,  or  if  that  be  Sunday,  then  on  the  next  day. 
The  president  shall  preside  at  all  meetings  and  discharge  such  other 
duties  as  president  as  may  be  defined  by  ordinances  of  the  common 
council  and  other  provisions  of  this  act.  The  common  council 
may  at  any  regular  meet!  )g,  choose  one  of  its  members  president, 


n 


j  with  like  powers,  to  fill  a  permanent  vacancy  in  the  office,  and  in 

2  like  manner  it  may  choose  a  president  pro  tempore  to  act  during 

3  the  temporary  absence  or  inability  of  the  president.  In  case  of 

4  a  vacancy  in  that  office,  until  it  shall  fill  the  vacancy  as  above 
^  provided,  the  mayor  shall  preside  over  its  meetings.  But  in  case 

#  ,  V 

0  of  a  vacancy  or  until  a  president  has  been  chosen,  it  shall  trans- 

t  /  ‘ 

\ 

\  rr  act  no  business  except  to  adjourn  from  time  to  time.  The  presi- 


I- 


g  dent  may  vote  like  other  members  of  the  common  council  upon 

1 

q  all  resolutions  and  ordinances  submitted  to  the  body  for  its 


10 

11 

12 


action  in  case  of  a  tie  vote. 

§  15.  The  common  council  shall  choose  a  clerk,  to  hold  office 
during  the  term  for  which  its  members  were  elected,  unless  sooner 


removed  by  a  vote  of  three-fourths  of  all  the  members  of  the  com- 
^  mon  council.  He  shall  be  the  city  clerk,  and  shall  attend  the 

;  '-‘J  ;  ‘  -  -•••  ,,  )  •  .  ,  I 

^  ~  meetings  of  the  common  council,  keep  a  journal  of  its  proceedings, 


16 


and  discharge  such  other  duties  as  may  be  prescribed  by  the  city 


ordinances.  The  president  and  clerk  of  the  common  council  shall 

0 

2  g  each  have  the  powers  of  commissioners  of  deeds. 

§  16.  The  president  of  the  common  council,  or  a  majority  of  its 

2q  members,  may  call  a  special  meeting  by  causing  a  written  notice 

% 

9  thereof,  specifying  the  objects  of  the  meeting,  to  be  served  by  the 
0<>  city  clerk  upon  each  member  personally,  or  by  mail,  directed  to 
70  his  place  of  residence  or  place  of  business,  at  least  twenty-fopr 


21 


25 


J 


hours  before  the  time  of  such  meeting. 

i 

§  17.  The  common  council  shall  determine  the  rules  of  its  own 
proceedings,  and  be  the  judge  of  the  elections,  returns  and  quali* 


<n  <r\  \  O  Q 


4 


1  fications  of  its  members.  Its  meetings  shall  be  public  and  it* 

2  records  open  to  public  inspection,  and,  except  as  herein  provided, 

3  a  majority  of  all  its  members  shall  be  a  quorum  for  the  transae- 

4  tiom  of  business.  The  passage  of  am  ordinance,  unless  otherwise 

5  herein  provided,  shall  require  the  affirmative  vote  of  at  least  a  ma* 

__  f  * 

jority  of  all  its  members. 


7 


8 


10 

11 

12 

13 

11 

15 

16 
17 


18 


19 

20 
21 
22 

23 

24 

25 


§  18.  No  member  or  committee  of  the  common  council  ha* 
power  to  employ  any  person,  incur  any  expense  or  purchase  any 

•s 

material,  for,  or  on  behalf  of  the  city  or  any  of  its  officers, 
boards  or  commissions,  except  as  otherwise  expressly  provided  in 
this  act. 

§  19.  No  ordinance  shall  be  passed  by  the  common  council  on 

'  *  .  1  .  t 

the  same  day  in  which  it  is  introduced,  except  by  unanimous  con¬ 
sent,  and  no  appropriation  of  money  shall  be  made  for  any  pur- 

/ 

pose,  except  by  an  ordinance,  passed  by  three-fourths  of  all  the 
members,  specifying  by  items  the  amount  thereof  and  the  depart¬ 
ment  or  specific  purpose  for  which  the  appropriation  is  made; 
and  no  ordinance  shall  be  passed  making  or  authorizing  a  sale 
or  lease  of  city  real  estate  or  of  any  franchise  belonging  to  or 
under  the  control  of  the  city,  except  by  a  vote  of  three-fourths  of 
all  the  members  of  the  common  council;  and  in  case  of  the  proposed 
sale  of  real  estate  or  the  proposed  sale  or  proposed  lease  of  a  fran¬ 
chise,  the  ordinance  must  provide  for  a  disposition,  under  proper 
regulations  for  the  protection  of  the  city,  at  public  auction,  after 

i 

public  notice  for  at  least  three  weeks,  to  the  highest  bidder;  and 

i.  '  '  •  h  ,  - 

a  proposed  sale  or  proposed  lease  thus  originated  shall  not  be  valid 


26 


I 

•b 

A 

o 

'-4 

0 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

IT 

18 

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20 

21 

22 

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25 

26 


o 


V 

1 


nor  take  effect,  unless  the  aforesaid  notice  shall  have  been  given 
and  the  aforesaid  disposition,  namely,  a  sale  at  public  auction  to 
the  highest  bidder  shall  have  been  had,  and  unless  subsequently 
approved  by  a  resolution  of  the  board  of  estimate  and  apportion¬ 
ment.  X o  such  franchise  shall  be  granted  or  be  operative  for  a 
period  longer  than  fifty  years. 

§  20.  Xo  ordinance  of  the  common  council  shall  become  opera¬ 
tive  until  it  has  been  enrolled  and  attested  by  the  clerk  and  signed 
and  approved  in  writing  by  the  mayor,  or  passed  over  his  veto, 
and,  whenever  the  same  may  be  necessary,  promulgated  according 
to  law;  and  every  ordinance  imposing  a  penalty  or  forfeiture 

for  the  violation  thereof,  shall,  before  the  same  shall  take  effect, 

/ 

be  published  at  least  three  times  in  each  week  for  two  successive 
weeks,  in  the  official  newspapers  of  the  city;  provided,  that  in 
case  of  insurrection,  riot,  pestilence,  conflagration  or  other  publio 
necessity  requiring  immediate  operation  of  such  ordinance,  it 
shall  take  effect  as  soon  as  proclamation  thereof  has  been  made 
by  the  mayor,  and  it,  with  such  proclamation,  has  been  posted  in 
five  public  places  in  each  ward  of  the  city. 

§  21.  Every  ordinance  of  the  common  council  shall,  immediately 
upon  its  enrollment  and  signature  by  the  president  and  clerk,  be 
presented  by  the  clerk  to  the  mayor.  If  he  approve  it,  he  shall 
sign  it  and  return  it  to  the  clerk,  and  it  shall  take  effect.  If  he 

neglect  to  approve,  sign  and  return  it  to  the  clerk  within  ten  days 

* 

after  receiving  it,  and  he  does  not  disapprove  it  within  that  time 

♦ 

s> 


D, 


6 


1  as  herein  provided,  then  it  shall  take  effect  as  if  he  had  approved 

2  and  signed  it.  If  he  disapprove  it,  he  shall,  within  the  same  time, 

3  return  it  to  the  clerk  with  his  objections  in  writing,  and  the  clerk 

4  shall  present  the  same  with  such  objections  to  the  common  coun- 

5  oil  at  its  next  regular  meeting;  and  then  the  common  council 

6  shall,  within  thirty  days  thereafter,  reconsider  the  same;  and 

7  unless  three-fourths  of  all  the  members  of  the  common  council,  and 

8  if  a  greater  number  of  members  were  necessary,  according  to  the 

9  provisions  of  this  act,  for  the  original  passage  of  the  ordinance, 

10  then  as  many  members  as  were  requisite  for  the  original  passage 

«  ,  * 

11  of  the  ordinance,  shall  vote  to  pass  the  ordinance,  it  shall  not 

12  take  effect;  but  if  the  requisite  number  of  members  so  vote,  then 

13  the  ordinance  shall  take  effect  as  if  approved  and  signed  by  the 

'  » 

14  mayor.  When  an  ordinance  appropriating  money  contains  sev- 

;  y  •  •  • 

15  eral  items,  and  when  an  ordinance  embraces  more  than  one  distinct 
10  subject,  the  mayor  may  approve  the  provisions  relating  to  one  or 

17  more  items  or  one  or  more  subjects,  and  disapprove  the  others.  In 

18  such  cases  those  items  or  subjects  which  he  shall  approve,  shall 

% 

19  become  effective,  and  those  which  he  shall  not  approve,  shall  be 

20  reconsidered  by  the  common  council  and  shall  only  become  effec- 

21  tive  if  again  passed  by  it  as  above  provided;  and  the  foregoing 

22  provision  in  reference  to  approval  and  disapproval  and  failure 

23  to  return  an  ordinance,  within  ten  days  after  the  receipt  of  the 

24  same,  shall  be  applicable  to  and  govern  such  cases. 

o 

25  §  22.  Every  ordinance  shall,  within  a  reasonable  time  after  it 

26  becomes  a  law,  as  herein  provided,  be  recorded  in  a  book  kept  to® 


i 

2 

r 

3 

4 

IW 

0 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 


that  purpose  by  the  clerk.  Such  record  shall  include  the  signa¬ 
ture  of  the  president,  attestation  of  the  clerk  and  the  mayor’ a 

L  *  ,  '  . 

written  approval,  or  in  case  of  his  disapproval,  a  memorandum 
of  its  passage  over  his  veto;  or  in  case  the  ordinance  took  effect 
because  he  failed  to  approve  or  disapprove  and  return  it  within 
the  ten  days,  then  a  memorandum  to  that  effect ;  and  as  soon  as  the 
due  publication  is  complete  a  certificate  thereof  shall  be.  added  to 
such  record.  Such  record,  or  a  certified  copy  thereof,  shall  be 
presumptive  evidence  of  the  passage  of  an  ordinance. 

§  23.  Any  person  violating  an  ordinance  of  the  common  council 
shall  be  guilty  of  a  misdemeanor,  and  the  common  council  may 
provide,  by  a  general  ordinance  or  in  any  ordinance,  that  any  per¬ 
son  guilty  of  such  violation  shall  be  liable  to  pay  to  the  city  m 

sum  therein  named  as  a  penalty,  not  exceeding  five  hundred  dol- 

*  > 

lars,  to  be  recovered  in  a  civil  action  in  the  name  of  the  city.  The 
city  may  maintain  an  action  to  restrain  by  injunction  the  violation 
of  any  ordinance  of  the  common  council  or  of  the  commissioner 
in  charge  of  the  health  department,  notwithstanding  such  ordi¬ 
nance  may  provide  a  penalty  for  such  violation. 

§  24.  Whenever  an  executive  or  administrative  function  shall 

\  •  \ 

be  required  by  an  ordinance  of  the  common  council  to  be  per¬ 
formed,  the  same  shall  be  performed  by  the  proper  executive  or 
administrative  officer  or  department  to  be  designated  in  the  ordin¬ 
ance,  and  in  case  no  such  designation  be  thus  made,  the  mayor 


shall  make  the  same. 


s 


1  §  25.  The  common  council  may  by  ordinances  passed  by  two- 

\ 

2  thirds  of  all  its- members,  not  inconsistent  with  the  provisions 

3  of  this  act,  or  other  laws  of  the  state,  regulate  the  powers  and 

4  duties  of  any  city  officer  or  department;  and  it  has  power  to 

5  investigate  all  city  officers  and  departments,  and  shall  have 

6  access  to  all  records  and  papers  kept  by  every  city  officer  or 

7  department,  and  has  power  to  compel  the  attendance  of  witnesses 

8  and  the  production  of  books,  papers  or  other  evidence,  at  any 

t  \ 

*  • 

9  meeting  of  the  common  council,  or  of  any  committee  thereof,  and 
70  for  that  purpose  may  issue  subpoenas  signed  by  its  president. 

§  26.  The  creation  of  temporary  and  funded  debts  bv  the  com- 
2  mon  council  are  governed  by  the  provisions  of  the  municipal  law, 
73  chapter  six  hundred  and  eighty-five  of  the  laws  of  eighteen  hun* 

24  dred  and  ninety-two,  and  amendments  thereof,  except  as  herein 
45  provided  to  the  contrary.  An  ordinance  authorizing  a  funded  debt 

75  shall,  before  it  can  have  effect,  be  submitted  to  and  approved  by 

/ 

17  the  board  of  estimate  and  apportionment  by  an  affirmative  vote  of 
lg  at  least  four  members  of  the  board.  Every  funded  debt  shall  be 
19  issued  in  such  amounts  and  shall  fall  due  at  such  times  that  the 
2Q  principal  of  the  same  shall  be  fully  paid  in  twenty  equal  annual 

21  payments,  the  last  of  which  shall  become  due  at  the  end  of  twenty 

22  years  after  its  issue.  Nor  shall  any  such  annual  payment,  nor  all 

23  of  them,  be  refunded,  but  provision  shall  be  made  for  their  pay- 

*  ^  ^ 

(24  ment  in  the  year  in  which  each  shall  fall  due,  by  insertion  of  the 

25  proper  sum  in  the  annual  estimates  for  the  year  in  question. 


1 

o 

o 

o 

4 

5 

6 

i 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

2L 

22 

23 

24 

25 

26 


9 

§  27.  In  case  of  a  failure  to  elect  an  alderman  of  any  ward  at 
a  proper  election,  and  in  case  of  a  vacancy  from  any  cause  in 
the  office  of  alderman  from  any  ward,  the  common  council  may 
choose  a  qualified  resident  of  the  same  ward  to  fill  the  office  fop 
the  term  or  the  remainder  thereof.  But  in  case  of  a  vacancy  from 
any  cause,  except  for  a  failure  to  elect,  the  person  so  chosen  must 
be  of  the  same  political  party  as  the  alderman  whose  place  he  is 
chosen  to  fill.  The  common  council  may  compel  the  attendance 
of  absent  members  at  any  meeting  properly  called  and 
may  punish  or  expel  a  member  for  disorderly  conduct,  for  a  vio- 
lation  of  its  rules,  or  for  official  misconduct,  or  declare  his  seat 
vacant  by  reason  of  absence,  provided  such  absence  has  continued 
for  the  space  of  two  months;  but  no  expulsion  shall  take  place, 
and  no  vacancy  on  account  of  absence  be  declared,  except  by  the 
vote  of  three-fourths  of  all  the  members  of  the  common  council, 
nor  until  the  delinquent  member  has  had  an  opportunity  to  be 
heard  in  his  defense. 

§  28.  All  the  legislative  acts  of  the  common  council  shall  be 
by  ordinances,  and  on  the  passage  of  every  ordinance,  the  yeas 
and  navs  of  the  members  shall  be  taken  and  entered  in  full  in 
the  journal. 

§  29.  At  the  first  meeting  of  the  common  council  after  the 
election  of  its  members,  it  shall,  by  a  viva  voce  vote, 
designate  two  daily  newspapers  published  in  the  city  to 
be  the  official  papers  of  the  city.  Each  member  shall 


D. 


3 


10 


1  be  entitled  to  vote  for  one  of  the  papers,  and  the  two 

^  papers  having  the  highest  number  of  votes  shall  be  the  official 

« 

O 

°  papers  for  two  years  and  until  others  are  designated.  Such  papers 
4  shall  publish  the  proceedings  and  ordinances  of  the  common 

0  council  and  all  other  matters  required  by  law  or  by  ordi* 

* 

d  nances  of  the  city  to  be  published.  In  case  any  of  the  official 

\  -.fill  .is 

7  papers  shall  refuse  or  fail  to  act  or  perform  as  such,  the  common 
®  council  may  designate  another  paper  in  its  place.  Provided  that  if 

I 

9  any  city  contains  a  population  of  less  than  ninety  thousand  in- 
ld  habitants  as  appears  by  the  last  state  enumeration,  in- 

11  stead  of  the  proceeding  above  set  forth,  the  common  coun- 

# 

12  cil  shall,  within  thirty  days  after  the  first  meeting  of  its  members, 

13  meet  and  designate  by  viva  voce  vote  the  twro  daily  newspapers 

i 

14  published  in  the  said  city  which  have  the  largest  circulation  and 

t 

15  are  of  opposite  political  faith,  as  the  official  newspapers  of  the 
Id  city,  for  two  years  and  until  others  are  designated.  The  official 
17  newspapers  heretofore  designated  in  a  city  wffiicli  contains  a 

13  population  of  less  than  ninety  thousand  inhabitants  as  aforesaid, 

* 

19  shall  continue  as  such  until  the  day  herein  fixed  for  the  first 

20  designation  of  official  newspapers  and  shall  then  cease  to  be  the 

21  official  newspapers  unless  again  designated  as  herein  provided. 

\ 

22  All  bills  and  accounts  for  publication  in  official  newspapers  shall 

23  be  paid  in  the  same  manner  as  other  accounts  against  the  city. 

24  §  30.  The  common  council  shall  not  alter  the  name  of  any 

25  street,  except  upon  a  petition  of  a  majority  of  the  owners  of  abut- 


2 

3 

i 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 


ting  lots,  nor  shall  it  change  the  grade  of  any  street  which  has 
been  legally  established,  except  upon  a  vote  of  two-thirds  of  all  the 

members  of  the  common  council,  and  except  also  upon  compensa* 

* 

tion  for  damages  done,  to  be  ascertained  as  damages  are  ascer- 

tained  under  the  condemnation  law  for  lands  taken. 

♦ 

§  31.  The  common  council  shall,  prior  to  the  year  nineteen  hun¬ 
dred,  pass  ordinances,  to  take  effect  January  first,  nineteen  hun- 

« 

dred,  to  give  effect  and  operation  to  the  provisions  of  this  act; 

but  it  shall  not  at  any  time  pass  any  ordinance  directing  or  in- 

/ 

terfering  with  the  exercise  of  the  executive  functions  of  the  offi¬ 
cers,  departments  and  boards  of  the  city  as  provided  by  this  act 

* 

or  the  other  laws  of  the  state. 

§  32.  The  minutes  of  each  meeting  of  the  common  council  shall 

% 

be  printed  in  full  within  six  days  after  its  adjournment  and  immedi- 
ately  distributed,  one  to  the  mayor,  one  to  each  member  of  the  com¬ 


mon  council,  one  to  the  head  of  each  department,  and  one  to 
every  tax-payer  entitled  thereto  under  section  four  hundred 


18 


19 

20 


21 


22 

23 

24 

25 


and  seventy-two  of  this  act.  At  the  end  of  the  year  the  printed 
minutes  shall  be  indexed  and  bound  in  adequate  number. 

§  33.  All  appointments  or  designations  made  by  the  common 
council  shall  be  by  viva  voce  vote. 

§  34.  The  common  council  may,  by  and  with  the  advice  and 
consent  of  the  board  of  estimate  and  apportionment,  fix  and  de¬ 
termine  the  amount  and  proportion  of  the  expense  to  be  borne  by 

\ 

the  city  at  large  for  opening  or  altering  a  street  or  for  other 


26 


public  improvements. 


12 

l 

1  ARTICLE  III. 

o 

"  THE  MAYOR. 

3  §  42.  There  shall  be  elected  at  the  first  election  under  this 

i 

4  act  and  at  the  city  election  every  two  years  thereafter  a 

5  mayor. —  The  executive  power  of  the  city  is  vested  in  the 

6  mayor,  and  in  such  executive  officers  and  departments  as  are,  or 

7  may  be  created  by  law,  or  by  ordinances  of  the  common  council. 

8  §  43.  The  annual  salary  of  the  .  mayor  shall  be,  in  a 

9  city  having  a  population,  as  appears  by  the  last  state  enu- 

10  meration,  of  less  than  ninety  thousand,  twenty-five  hundred  dol- 

11  lars;  in  a  city  having  a  population  of  more  than  ninety  thousand 

12  and  less  than  one  hundred  and  fifty  thousand  as  aforesaid,  four 
j.3  thousand  dollars;  in  a  city  having  a  population  of  more  than  one 

44  hundred  and  fifty  thousand  as  aforesaid,  five  thousand  dollars. 

♦ 

V 

15  The  mayor  and  president  of  the  common  council  shall  be  elected 

r  / 

10  at  the  city  election,  and  shall  hold  their  offices  for  the  term  of  two 
17  years. 

1§  §  44.  In  case  of  the  absence  or  inability  of  the  mayor,  or  during 

49  a  vacancy  in  the  office,  the  president  of  the  common  council  shall 

20  act  as  mayor  until  the  mayor  returns,  his  inability  ceases,  or  the 

i 

21  vacancy  is  filled.  But  it  shall  not  be  lawful  for  the  president  of 

22  the  common  council,  when  acting  as  mayor,  to  sign  or  approve  any 

23  ordinance  of  the  common  council,  or  to  appoint  to,  or  remove 

24  from  office  any  person  unless  the  vacancy  in  the  office,  or  the  inabil- 

25  ity  or  absence  of  the  mayor  shall  have  continued  for  at  least  thirty 


26  day®* 


I 


33 


-j  §  45.  The  mayor  shall  call  together  the  heads  of  the  city  depart- 

2  ments  for  consultation  and  advice  upon  the  affairs  of  the  city  as 

» 

o  often  as  he  may  deem  advisable,  but  not  less  than  twelve  times  in 

~  • .  — . . 1  — 

each  year;  and  at  such  meetings  he  may  call  upon  the  heads  of 
. . . . . 

the  departments  for  such  reports  as  to  the  subject  matters  under 


6 


7 


8 


9 


10 


11 


12 


their  control  and  management  as  he  may  deem  proper,  which  it 
shall  be  their  duty  to  prepare  and  submit  at  once  to  him.  Records 
shall  be  kept  of  such  meetings,  and  rules  and  regulations  shall 
be  adopted  thereat  for  the  harmonious,  systematic  and  efficient 
administration  of  the  affairs  of  the  city,  not  inconsistent  with  the 


laws  of  the  state  or  with  the  city  ordinances. 


46.  It  shall  be  the  duty  of  the  mayor  to  see  to  the  faithful  per- 


o  formance  of  their  duties  by  the  city  officers  and  departments,  to 

lo 


14 

15 

16 

17 

18 

19 

20 
21 

22 

23 

24 

25 


maintain  peace  and  good  order  within  the  city,  to  take  care  that 
the  laws  of  the  state  and  the  ordinances  of  the  common  council 
be  executed  and  enforced  within  the  city;  to  communi¬ 
cate  by  written  message  to  the  common  council  at  least  once 
a  year  a  statement  of  the  finances  and  general  condition 
of  the  affairs  of  the  city,  and  with  such  recommendations  in  rela¬ 
tion  thereto  as  he  may  deem  proper,  and  to  give  such  information 

i.  i 

in  relation  to  the  same  as  the  common  council  may  from  time  to 
time  require;  and  also  to  call  a  special  meeting  of  the  common 
council  whenever  in  his  judgment  it  is  required  by  public  neces¬ 
sity.  It  shall  also  be  his  duty  to  receive  and  examine  into  all 

D.  4 


1  complaints  made  against  any  city  officer  for  neglect  of  duty,  or 
....  malfeasance  in  office. 

J  .  -,•>>’  \  Wv  JV'.f  ‘V  uffi* 

3  §  47.  The  mayor  shall,  on  behalf  of  the  city,  sign  all  deeds  and 

4  contracts  made  by  it,  and  shall  cause  to  be  affixed  thereto  the  city 

■v  \ 

r-  seal,  of  which  he  shall  have  the  custody. 

Y  '  A  ' 

0  §  48.  The  mayor  shall  have  authority  at  all  times  to  examine 

\ 

4  the  books  and  papers  of  any  officer,  employe  or  department  of  the 
3  city,  and  as  often  as  he  may  deem  proper,  to  appoint  one  or  more 
9  competent  persons  to  examine,  without  notice,  the  accounts  of  any 

i  »  - 

40  city  officer  or  department,  and  the  money,  securities  and  property 

•  * 

|1  belonging  to  the  city  in  the  possession  or  charge  of  any  officer  or 
12  department,  and  to  report  the  result  of  such  examination;  and  he 
1  3  may  administer  oaths  to  witnesses  and  take  affidavits  in  all  cases 
1 4  relating  to  the  affairs  of  the  city. 

f  '  V  J 

]  5  §  49.  Except  as  otherwise  provided  in  this  act,  the  mayor  shall 

]  (■  appoint  all  the  city  officers,  and  except  as  otherwise  provided  in 

1  7  this  act  or  in  the  other  laws  of  the  state,  he  may  remove  at  pleasure 

/  > 

1 8  any  city  officer  appointed  by  him. 

49  §  50.  The  mayor  shall  have  such  other  powers  and  perform  such 

’0()  other  duties  as  may  be  prescribed  in  this  act  or  by  other  laws  of 

.  1 

24  the  state,  or  by  ordinances  of  the  common  council  not  inconsistent 

22  with  the  laws  of  the  state. 

23  §  51.  The  mayor  shall  appoint  an  executive  clerk  and  such 

.  \ 

24  other  assistants  in  the  routine  work  of  his  office  as  the  commun 
24  council  may  by  ordinance  prescribe. 


1 


ARTICLE  IV. 


O  DEPARTMENT  OF  FINANCE. 

3  COMPTROLLER— TREASURER— BOARD  OF  ESTIMATE  AND  APPORTIONMENT. 

4  Section  61.  There  shall  be  a  comptroller,  who  shall  be 

.  4  » 

5  elected  at  the  city  election  at  the  same  time  as  the  mayor, 
0  and  who  shall  receive  an  annual  salary  of  thirty-five  hundred 

i 

7  dollars.  He  shall  hold  office  for  two  years.  He  may  appoint,  to 

8  hold  office  during  his  pleasure,  a  deputy  and  such  other  subor- 

9  dinates  as  may  be  prescribed  by  the  board  of  estimate  and  appor- 
70  tionment.  In  case  of  vacancy  in  the  office  of  comptroller  the 
77  mayor  shall,  within  ten  days,  fill  the  vacancy  by  appointment  for 
^  9  the  remainder  of  the  term. 

23  §  62.  The  comptroller  and  deputy  comptroller,  before  entering 

77.  upon  the  duties  of  their  respective  offices,  shall  each  give  a  bond  to 
75  the  city  in  such  penal  sum  as  may  be  prescribed  by  the  common 

73  council,  with  two  or  more  sureties,  to  be  approved  by  the  mayor, 

, 

77  conditioned  for  the  faithful  discharge  of  their  duties,  which  bonds, 
73  when  so  approved,  shall  be  filed  in  the  office  of  the  county  clerk 
79  of  the  county  in  which  the  city  is  located,  where  they  shall  be 
20  recorded  as  required  in  the  case  of  bonds  of  town  collectors. 
o[  §  63.  The  office  of  comptroller  shall  be  kept  at  a  place  to  be 
09  designated  by  ordinance  of  the  common  council,  and  shall  be  kept 

4  .  '  / 

03  open  for  the  transaction  of  business  each  day  in  the  year,  Sundays 
04  and  legal  holidays  excepted,  from  nine  o’clock  in  the  forenoon 
25  until  three  o’clock  in  the  afternoon,  and  at  such  other  hours  as  'he 
20  common  council  may  from  time  to  time  direct. 


1 

2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 


§  64.  The  comptroller  shall  superintend  the  fiscal  concerns 
of  the  city,  and  manage  the  same  pursuant  to  law  and  the  ordi¬ 
nances  of  the  common  council.  He  shall  keep  a  separate  account 
with  every  department  for  which  funds  are  specially  raised  by  tax, 
or  for  which  funds  are  raised  by  assessment  for  local  or  other  im¬ 
provements.  He  shall  require  all  drafts  for  the  payment  of  any 
claims  against  the  city  to  state  particularly  against  which  of  such 
funds  the  drafts  are  drawn,  and  shall  not  permit  any  of  such 
specific  funds  to  be  overdrawn,  nor  permit  moneys  to  be  drawn 
from  one  fund  to  pay  the  claims  chargeable  to  another. 

§  65.  The  comptroller  shall  prescribe  the  form  of  all  claims  to 
be  presented  against  the  city,  and  the  form  and  substance  of  the 
affidavit  to  be  appended  thereto  and  sworn  to  by  the  claimant. 
Whenever  any  person  intends  to  present  for  payment  a  claim 

against  the  city,  except  a  claim  for  a  fixed  salary,  for 

0 

the  principal  or  interest  on  a  bonded  or  funded  debt,  or 
for  damages  caused  by  misfeasance  or  negligence,  he  shall 


^3  prepare  and  verify  it,  and  then  procure  the  approval  as 
^  to  the  form  thereof,  in  writing,  of  the  department  or  offi- 
9q  cer  whose  action  gave  rise  or  origin  to  the  claim,  and  the  same  shall 

then  be  presented  to  the  comptroller  for  his  examination  and  audit. 

— *  #  » 

99  The  comptroller  shall,  once  in  every  two  weeks,  cause  all  claims 

\ 

9  o  which  have  been  presented  to  him  to  be  printed  (except  the  verifi- 
9^1  cation  thereon)  and  numbered,  and  copies  thereof  to  be  distributed 
9  -  to  the  mayor,  to  each  member  of  the  common  council,  to  the  head 


I  of  each  department  and  to  every  taxpayer  entitled  thereto  under 
1 2  section  four  hundred  and  seventy -two  of  this  act.  He  shall  take  no 

3  action  upon  any  claim  until  five  days  after  such  distribution,  and 

4  when  he  shall  have  taken  action  thereon,  he  shall  cause  copies 

5  of  all  claims  and  his  action  upon  them,  with  any  reason  for  such  ao- 
0  tion  which  he  may  have  to  give,  to  be  sent  to  each,  the  claimant  and 
f  the  common  council.  If  the  claimant  he  dissatisfied  with  the  audit, 

8  he  may  appeal  to  the  board  of  estimate  and  apportionment,  by  serv- 

9  ing  notice  of  appeal,  in  writing,  upon  the  comptroller  and  the  com- 

]  0  mon  council  at  any  time  before  the  first  regular  meeting  of  the  com- 

v  .  •  •  | 

II  mon  council  that  is  held  after  he  receives  the  comptroller’s  audit. 

1 2  If  the  common  council  or  any  taxpayer  be  dissatisfied  with  such 

13  audit,  it  or  he  may  appeal  to  the  same  board,  on  behalf  of  the 

\ 

14  city,  in  like  mauner,  by  serving  notice  of  appeal  upon  the  claimant 

15  and  the  comptroller  and  the  treasurer  within  ten  days  after  the 
10  meeting  of  the  common  council  at  which  such  claims  shall  have 

17  been  reported  by  the  comptroller.  The  board  of  estimate 

18  and  apportionment  shall  make  rules  for  the  procedure  upon 

\ 

19  the  hearing  of  such  appeals,  and  the  decision  and  audit  of  that 

20  board,  after  hearing  upon  the  appeal  to  it,  shall  be  final  and  con- 

21  elusive  as  to  the  amount  of  the  claim;  but  if  there  be  no  appeal 

22  from  the  original  audit,  it  shall  in  like  manner  be  final  and  conclu- 

23  sive.  Upon  the  appeal  herein  provided  for,  the  treasurer  shall  take 

S’  ,  V 

‘24  the  place  of  the  comptroller  as  a  member  of  the  board.  The  comp- 
25  troller,  and  the  board  of  estimate  and  apportionment,  upon  an 

D. 


26 


5 


18 


1  appeal  to  it  as  herein  provided,  shall  have  authority  to  take  evi- 

2  dence  and  examine  witnesses  in  reference  to  the  claim,  and  for 

3  that  purpose  may  issue  subpoenas  for  the  attendance  of  witnesses; 

4  and  the  comptroller  and  each  member  of  the  board  of  estimate  and 

5  apportionment  is  hereby  declared  to  be  ex-oflicio  a  commissioner 

6  of  deeds.  When  a  claim  has  been  finally  audited,  it,  with  the  cer« 

7  tificate  of  the  comptroller,  or  in  case  of  appeal,  with  the  certificate 

8  >f  the  boa  rd  of  estimate  and  apportionment  endorsed  thereon,  shall 

9  be  filed  in  the  office  of  the  treasurer,  and  remain  a  record  therein. 

10  §  66.  Any  person  presenting  for  payment  a  claim  against  the 

11  city,  or  any  board  thereof,  shall  use  his  own  name,  or  the  name  of 

12  the  firm  of  which  he  is  a  member.  If  any  person  shall  use  a  name 

13  other  than  his  own,  or  that  of  the  firm  of  which  he  is  a  member,  he 

14  shall  be  guilty  of  a  misdemeanor,  and  any  member  of  any  board, 

15  or  any  officer  of  the  city,  who  shall  knowingly  approve,  audit  or 

16  pay  any  such  claim  shall  be  guilty  of  a  like  offense.  The  comp- 

17  troller  or  treasurer  upon  receipt  of  a  complaint  under  oath  and 

a 

18  in  writing,  signed  by  any  citizen,  stating  that  he  has  reason  to  be- 

19  lieve  that  any  illegal  claim  has  been  presented,  shall  withhold 

20  payment  of  the  claim  until  satisfied  of  its  legality.  No  claim  shall 

21  be  paid  until  the  time  to  appeal  from  the  audit  thereof  has  expired, 

22  and  if  an  appeal  has  been  taken  within  such  time  until  the  appeal 

23  shall  have  been  decided. 

24  §  67.  The  comptroller  shall  keep  an  account  between  the  city 

25  and  the  treasurer,  and  for  that  purpose  he  shall  procure  from  the 

26  banks  in  which  the  city’s  funds  are  deposited  by  the  treasurer, 


19 


3  monthly  statements  of  the  moneys  which  have  been  received  and 

*  \ 

2  paid  out  on  account  of  the  citv  and  he  shall  examine  the  treas- 
o  urer’s  books,  accounts  and  bank  books  and  ascertain  as  to  their 

4  correctness  and  report  on  the  same  monthly  to  the  common 

5  council. 

6  §  68.  The  comptroller  shall  on  or  before  the  first  day  of  January 

7  in  each  year,  publish  in  book  form  or  pamphlet  form,  verified  by 

8  his  oath  or  affirmation,  a  full  and  accurate  statement  of  the  finan- 

9  cial  condition  of  the  city,  showing  the  amount  of  receipts  and  ex* 

70  penditures  of  the  city  since  the  last  annual  report,  the  sources 

\ 

77  from  which  the  funds  have  been  derived  and  for  what  purposes 

72  expended;  such  publication  to  be  accompanied  by  a  statement  in 

73  detail,  in  separate  columns,  showing  the  several  funds  belonging 
H  to  the  city,  the  amount  drawn  on  each  fund,  and  its  then  present 
75  condition,  showing  also  the  several  debts  of  the  city,  when  the 
70  same  are  payable  and  the  rate  of  interest  on  each,  and  he  shall  file 
77  a  copy  of  every  such  statement  in  the  office  of  the  state  comp- 
73  troller.  He  shall  perform  such  other  and  further  duties  pertain- 
IQ  ing  to  his  office,  not  inconsistent  with  the  provisions  of  this  act 
2q  or  the  other  laws  of  the  state,  as  may  from  time  to  time  be  pre- 
9 1  scribed  by  ordinances  of  the  common  council. 

§  69.  The  comptroller  shall  have,  under  the  direction  of  the 
09  board  of  estimate  and  apportionment  and  the  ordinances  of  the 

Zo 

common  council,  the  custody  and  management  of  any  sinking  fund 
provided  for  the  payment  or  redemption  of  the  city  debts. 


20 


4 


TREASURER. 

1 

§  79.  There  shall  be  a  treasurer,  who  shall  be  elected  at 

2 

the  city  election  at  the  same  time  as  the  mayor,  and  who  shall 
3 

receive  an  annual  salary  of  three  thousand  dollars.  He  shall 


4 

hold  office  for  two  years.  He  may  appoint,  to  hold  office  during 

5 

his  pleasure,  a  deputy  and  such  other  subordinates  as  may  be 

6 

prescribed  by  the  board  of  estimate  and  apportionment.  During  the 

7 

temporary  absence  or  inability  of  the  treasurer,  or  his  suspension 

8 

or  removal  from  office,  the  deputy  shall  discharge  the  duties  of  the 

9 

office.  In  case  of  a  vacancy  in  the  office  of  treasurer,  the  mayor 

10 

shall,  within  ten  days,  fill  the  vacancy  by  appointment  for  the  re- 


11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 

25 

26 


mainder  of  the  term. 

§  80.  The  treasurer  and  deputy  treasurer,  before  entering  upon 
the  duties  of  their  respective  offices,  shall  each  give  a  bond  to  the 
city  in  such  penal  sum  as  may  be  prescribed  by  the  common  coun¬ 
cil,  with  two  or  more  sureties,  to  be  approved  by  the  mayor,  condi¬ 
tioned  for  the  faithful  discharge  of  their  duties,  which  bonds 
when  so  approved,  shall  be  filed  in  the  office  of  the  county  clerk 
of  the  county  in  which  the  city  is  located,  where  they  shall  be 
recorded,  as  required  in  the  ease  of  bonds  of  town  collectors. 

§  81.  If  any  warrant  for  the  collection  of  taxes,  issued  by  the 
board  of  supervisors  of  a  county  in  which  a  city  is  located,  shall  be 
delivered  to  the  treasurer,  he  shall  execute  an  additional  bond 

to  the  county  in  such  form  and  in  such  penal  sum  to  be  prescribed 

»  ' 

by  the  board  of  supervisors  with  two  or  more  sureties,  to  be  ap¬ 
proved  by  the  board  if  in  session,  and  if  not  in  session,  then  by  the 
chairman  of  the  board. 


21 


1  §  82.  The  office  of  the  treasurer  shall  be  kept  at  a  place 

9  designated  by  ordinance  of  the  common  council,  and  shall  be;  kept 

3  open  for  the  transaction  of  business  each  day  in  the  year,  Sun- 

4  days  and  legal  holidays  excepted,  from  nine  o’clock  in  the  fore- 

5  noon  until  three  o’clock  in  the  afternoon,  and  at  such  other  hoars 

6  as  the  common  council  may  from  time  to  time  direct. 

7  §  83.  The  treasurer  shall  receive  and  have  the  care  and  custody 

8  of  all  the  moneys  of  the  city,  and  he  shall  pay  them  out  as 

\ 

9  hereinafter  provided.  All  the  moneys  of  the  city  received 

10  by  the  treasurer  shall  be  deposited  by  him  daily,  in  two 

11  or  more  banks  designated  by  the  board  of  estimate  and 

12  apportionment.  The  interest  on  such  deposits  shall  belong 

13  to  the  city.  No  money  shall  be  drawn  out  of  a 

14  city  depository  except  on  drafts  signed  by  the  treasurer  and 

■> 

15  countersigned  by  the  comptroller,  and  such  drafts  shall  always 

lg  be  made  payable  to  the  person  entitled  to  receive  the  money.  The 

/ 

17  treasurer  shall  keep  a  separate  account  with  every  department 

18  for  which  funds  are  specially  raised  by  tax,  or  for  which  funds 

19  are  raised  by  assessment  for  local  or  other  improvements;  and 

\  t 

2q  in  every  draft  drawn  by  him  he  must  state  particularly  against 

21  which  of  such  funds  the  draft  is  drawn,  and  he  shall  at  no  tlmis 

22  overdraw  any  fund,  or  draw  upon  one  fund  to  pay  a  olaim  charge- 

23  able  to  another. 

24  §  84.  The  moneys  so  deposited  shall  be  placed  to  the  credit  of 

25  the  city;  and  the  treasurer  shall  keep  bank  books  in  which  shall 


26 


D. 


6 


22 


1  be  entered  hi»  account  of  deposits  in,  and  moneys  drawn  from,  the 

2  banks  in  which  such  deposits  shall  be  made;  and  he  shall  exhibit 

3  such  books  to  the  comptroller  for  his  inspection  at  least  once  in  * 

4  every  month,  and  oftener  if  required.  The  banks  in  which  such 

5  deposits  are  made  shall  respectively  transmit  to  the  comptroller 

6  monthly  statements  of  the  moneys  which  shall  be  received  and 

7  paid  out  by  them  on  account  of  the  city. 

8  §  85.  The  treasurer  shall  report  to  the  comptroller,  at  the  end 

9  of  each  day’s  business,  by  items,  the  moneys  received. 

10  §  86.  The  treasurer  shall  perform  such  other  duties,  not  incon- 

11  sistent  with  the  provisions  of  this  act  or  the  other  laws  of  the 

12  state,  as  may  from  time  to  time  be  prescribed  by  ordinances  of  the 

13  common  council. 

22  BOARD  OF  ESTIMATE  AND  APPORTIONMENT. 

2^  §  96.  There  shall  be  a  board  of  estimate  and  apportionment, 

which  shall  consist  of  the  mayor,  comptroller,  corporation  coun- 
27  sel,  president  of  the  common  council  and  the  city  engineer,  except 
2g  that  when  the  number  of  subordinates  or  the  salaries 
2^  thereof  in  the  department  of  any  of  the  members  of  the 
2q  said  board,  are  to  be  fixed  and  determined,  the  treas- 
urer  shall  temporarily  take  the  place  of  the  member, 
92  whose  number  of  subordinates,  or  the  salaries  thereof,  is  under 
9o  consideration,  for  the  purpose  of  fixing  said  salaries  or  num- 
22  her  of  subordinates,  and  for  that  purpose  alone.  The  mem- 
20  bers  of  the  board  shall  meet  upon  the  call  of  the  mayor  or  as 
20  directed  by  the  board.  The  mayor  shall  be  president  of  the  board 


23 


I 

and  the  city  clerk  shall  act  as  the  secretary  thereof.  Before  the 
o 

fifteenth  day  of  November  in  each  year  the  board  shall  cause  the 

Q 

°  estimates  submitted  to  it  as  herein  provided  to  be  printed,  and 
^  shall  furnish  a  copy  thereof  to  any  taxpayer  of  the  city  desiring 
0  one;  and  on  that  day  in  each  year,  or  if  that  be  Sunday,  then  on 
6  the  next  day,  it  shall  meet  to  consider  the  estimates;  and  at  such 
1  meeting  or  at  any  adjourned  meeting,  while  such  estimates  are 

4 

under  consideration,  it  shall  hear  any  taxpayer  of  the  city  in 
9  reference  thereto.  After  such  hearings,  which  must  be  concluded 
1^  in  the  month  of  November,  it  shall  make  an  estimate  of  the 
H  amounts  required  to  pay  the  expenses  of  conducting  the  business 

12  of  the  city,  in  each  department  and  office  thereof,  for  the  next 

13  fiscal  year,  and  also  to  pay  the  principal  and  interest  of  any  city 

14  indebtedness  falling  due  during  the  year.  After  it  has  made 

15  such  estimate,  it  shall  submit  it  in  writing,  with  such  reasons 
10  for  it  in  detail  as  it  may  have  to  give,  to  the  common  council  on 

17  or  before  the  next  fifth  day  of  December;  and  on  the  fifteenth  day 

18  of  December  thereafter,  or  if  that  be  Sunday,  then  on  the  next  day 

19  the  common  council  shall  convene  and  consider  such  estimate,  and 

20  it  shall  hear  any  taxpayer  who  wishes  to  be  heard  in  reference 

21  thereto,  and  after  such  hearing,  which  must  be  concluded  on  op 

22  before  the  twenty-seventh  day  of  December,  it  may  adopt  such 

23  estimate  as  is  submitted  to  it  or  diminish  or  reject  any  item 

24  therein  contained,  except  such  as  relates  to  the  city  debt, 

25  and  adopt  the  estimate  as  thus  amended;  but  it  shall  not 
20  increase  any  item  in  such  estimate  for  any  department, 
27  office  or  purpose.  When  it  shall  have  adopted  the  estimate  as 


24 

1  herein  provided,  the  same  shall  be  entered  at  large  in  its  minutes 

2  and  published  in  its  proceedings;  and  the  several  sums  in  the 

/  .  t  \  \ 

3  final  estimate  so  adopted  shall  be  and  become  appropriated  for 

4  the  several  departments,  offices  and  purposes  named  in  the  estim- 

41- 

5  ate  for  the  ensuing  fiscal  year.  It  shall  not  be  lawful  for  the  city, 

6  or  any  officer,  board  or  department  of  the  city,  to  expend,  or  con- 

7  tract  to  be  expended,  or  to  incur  any  liability,  in  the  current  year, 

8  for  a  greater  sum  than  is  so  estimated  for  such  officer,  board  or 

»  / 

9  department,  and  so  provided  for  by  the  common  council 

10  in  the  tax  levy  as  aforesaid;  but  this  shall  not  be  held 

11  to  prohibit  the  commissioner  in  charge  of  the  health  de- 

12  partment  in  said  city  from  expending  such  sum,  or  incur- 

13  ring  such  debts  beyond  the  amount  estimated  and  provided  for 

« 

t 

14  said  board  as  may  be  actually  necessary  to  prevent  the  spread  of, 

15  or  to  suppress  any  contagion  or  infectious  disease,  or  any  epidemic 

16  in  the  city.  It  shall  not  be  lawful  for  any  officer,  board  or  depart- 

\  '  *  . ; 

17  ment  of  the  city  to  make  or  enter  into  any  contract  for  work,  labor 

18  or  services,  or  the  hiring  of  employes,  or  for  the  purchase  of  any 

V  /  '  ,  .  p.. .  ■ 

19  supplies,  materials  or  apparatus,  or  the  making  of  improvement* 

20  or  repairs,  which  by  the  terms  of  such  contract  involves  an  expendi- 

21  ture  of  money  or  liability  therefor,  which  after  taking  into  account 

22  the  expenditures  and  liabilities  already  incurred,  shall  be  in  excess 

23  of  the  amount  which  has  been  estimated  and  allowed  to  such  officer, 

24  board  or  department  for  such  purposes  by  the  board  of  estimate 

25  and  apportionment  of  the  city,  in  its  annual  estimate  of  the  moneys 

26  necessary  to  be  raised  in  said  city,  and  directed  by  the  common 


25 


1 

2 


3 


'4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 


21 


22 

23 

24 

25 


council  to  be  raised  bj  tax  for  the  current  fiscal  year  In  which  such 
contracts  shall  be  made.  Any  contract,  verbal  or  written,  made  in 
violation  of  this  section,  shall  be  null  and  void  as  to  the  city, 
and  no  moneys  belonging  to  the  city  shall  be  paid  thereon.  Any 
officer,  or  any  member  of  any  board  or  department  of  the  city,  mak¬ 
ing  or  voting  for  any  contract  prohibited  by  this  section,  or  auditing 
any  account  or  claim  thereunder,  shall  be  deemed  guilty  of  a  mis¬ 
demeanor,  and  upon  conviction  shall  be  punished  by  a  fine  or  im- 

r. 

% 

prisonment,  or  by  both,  in  the  discretion  of  the  court  before  which 
such  conviction  shall  be  had.  But,  except  as  may  be  otherwise 
provided  by  law,  or  by  the  estimates  of  the  board  of  estimate  and 
apportionment,  when  any  moneys  or  revenues  are  received  by  any 
such  officer,  board  or  department  from  any  source  other  than  by 
tax,  such  moneys  or  revenues  may  be  used  and  applied  towards 
and  in  addition  to  the  funds  so  estimated  and  allowed  as  afore¬ 
said,  in  such  manner  as  in  the  judgment  of  said  officer,  board  or 
department  may  be  most  beneficial  to  the  city. 

§  97.  The  fiscal  year  of  every  city  shall  commence  on  the  first 
day  of  January;  and  on  or  before  the  first  day  of  November  in  each 
year  all  heads  of  departments  and  officers  empowered  by  this 
act,  or  by  city  ordinance,  to  control  or  authorize  expenditures, 
shall  furnish  to  the  mayor  estimates  in  writing  of  the  amount  of 
expenditures  for  the  next  fiscal  year,  in  their  respective  depart¬ 
ments  or  offices,  including  a  statement  of  the  salaries  of  all  their 
officers  and  other  employes,  which  estimates  the  mayor  shall  lay 

d: 


26 


7 


26 


1  before  tlie  board  of  estimate  and  apportionment  at  its  first  meet- 

\ 

2  ing  thereafter.  It  shall  be  the  duty  of  the  city  clerk  to  keep  a 


journal  of  all  the  proceedings  of  the  board  of  estimate  and  appor- 
4  tionment  and  of  every  vote  by  ayes  and  noes  taken  at  any  meeting 
thereof.  The  minutes  of  each  meeting  shall  be  printed  in  full 
C  within  six  days  after  its  adjournment  and  immediately  distrib- 

7  uted,  one  to  each  member  of  the  board  and  of  the  common  council, 

8  one  to  the  head  of  each  department  and  one  to  every  taxpayer 

9  entitled  thereto  under  section  four  hundred  and  eighty-two  of  this 

9 

]  ()  act.  At  the  end  of  the  year  the  printed  minutes  shall  be  indexed 

1 1  and  bound  in  adequate  number. 

12  §  98.  The  board  of  estimate  and  apportionment  has  authority 

13  to  fix  the  salaries  or  compensation  of  all  city  officers  and  employes, 

14  except  as  otherwise  provided  in  this  act,  and  except  as  to  such 

15  officers  and  employes  as  are  required  to  serve  without  compensa- 
10  tion.  But  the  salary  or  compensation  of  every  officer  and  employe 

17  shall  be  thus  fixed  before  his  election  or  appointment,  except  in 

18  the  first  instance  after  this  act  takes  effect,  and  shall  not  thereafter 

19  be  changed  until  the  expiration  of  the  term  for  which  he  was 

20  elected  or  appointed. 


21  ARTICLE  V. 

90, 

DEPARTMENT  OF  PUBLIC  WORKS. 

23  COMMISSIONER  OF  PUBLIC  WORKS  —  BOARD  OF  CONTRACT  AND  SUPPLY  — 
DA  CITY  ENGINEER. 

nSfiS* 

25  §  107.  Commissioner  of  public  works. —  There  shall  be  a 

2(>  commissioner  of  public  works,  who  shall  be  the  head  of  the  de- 


1  part  me  nt  of  public  works.  His  term  of  office  shall  be  two  years, 

2  unless  sooner  removed  by  the  mayor,  and  he  shall  be  appointed  by 

3  the  mayor,  within  ten  days  after  the  beginning  of  each  mayoralty 

4  term.  The  commissioner  shall  appoint,  to  hold  office  during  his 

5  pleasure,  a  deputy  and  such  other  subordinates  as  may  be.pre* 

6  scribed  by  the  board  of  estimate  and  apportionment.  During  the 
T  temporary  absence  or  inability  of  the  commissioner,  or  his  suspen- 

8  sion  or  removal  from  office,  his  deputy  shall  discharge  the  duties  of 

9  the  office.  In  case  of  a  vacancy  in  the  office  of  commissioner, 

10  such  vacancy  shall  be  filled  by  the  mayor,  within  ten  days  after 

11  its  occurrence,  and  in  the  meantime  and  until  such  appointment 

12  shall  take  effect,  the  deputy  shall  act  as  commissioner. 

13  §  108.  The  commissioner  and  deputy  commissioner  shall  each 

14  give  a  bond  to  the  city  with  sureties,  for  the  faithful  discharge 

15  of  the  duties  of  their  respective  offices,  in  a  penalty  to  be  pre- 

16  scribed  by  the  common  council,  which  bond,  as  to  its  form,  and 
IT  the  sureties  thereto,  shall  be  approved  by  the  mayor. 

18  §  109.  The  commissioner,  subject  to  the  provisions  of  this  act, 

yg  the  other  laws  of  the  state  and  the  ordinances  of  the  common 

20  council,  has  cognizance,  direction  and  control  of  the  construction, 

21  alteration,  repair,  care,  paving,  flagging,  lighting  and  improving 

22  streets,  ways  and  sidewalks;  of  the  construction,  alteration  and 

23  repair  of  all  city  buildings,  and  of  all  docks  and  bridges,  belong- 

24  ing  to  the  city;  of  all  public  sewers  and  drains  in  the  city;  of  the 
construction,  maintenance/extension  and  repair  of  the  city  water 

JmJ  D  * 

4 

9(5  works;  and  ha-s  the  care,  superintendence  and  management  of  all 
27  grounds  belonging  to  the  city.  But  in  the  exercise  of  his  powers 


»  '  /  ■ 

1  and  the  discharge  of  his  duties,  he  shall  make  no  expenditure 

2  nor  shall  he  create  any  debt  against  the  city,  unless  he  be  author- 

3  ized  so  to  do  by  'the  general  or  special  ordinances  of  the  common 

4  council. 

5  §  110.  It  is  also  the  duty  of  the  commisisioner  to  appoint,  to 
t>  hold  office  during  his  pleasure,  within  thirty  days  after  his  ap- 

7  pointment,  in  the  first  instance,  after  this  act  shall  take  effect, 

•  \  . 

8  and  thereafter  when  a  vacancy  shall  occur,  a  superintendent  of 

9  water  works,  and  to  see  that  the  city  has  an  abun- 

10  dant  supply  of  wholesome  water  for  public  and  private 

11  use;  to  devise  the  plans  and  sources  of  water  supply; 

12  to  plan  and  supervise  the  distribution  of  water  through  the  city; 

13  to  protect  it  against  contamination;  to  prescribe  rules  and  regu- 

♦  » 

14  lations  for  its  use,  which,  when  ratified  and  approved  by  the 

15  common  council,  shall  have  the  same  force  and  effect  as  an  ordi* 
10  nance  by  the  common  council  enacted.  He  shall  have  power,  with 
1  <  the  assent  of  the  board  of  estimate  and  apportionment,  to  establish 

18  rates  of  rents  to  be  charged  and  paid  annually  for  the  supply  of 

19  water,  or  for  the  benefits  resulting  therefrom,  to  be  called  “  water 

% 

20  rents,”  apportioned  to  the  different  classes  of  buildings  in  said 
2L  city  in  reference  to  their  dimensions  and  the  ordinary  uses  of 

22  water  for  the  same  and  to  vacant  lots,  as  may  be  practicable,  and, 

23  from  time  to  time,  to  modify  and  amend,  increase  or  dimin- 

N 

24  ish  such  rates  and  to  extend  them  to  other  descriptions  of  buildings, 

.  , 

25  lots,  establishments  and  uses.  He  shall  also  have  power,  with  like 

**  . 

•  _ 

26  assent,  to  establish  rates  for  the  use  of  water  in  buildings,  estab- 


29 


1  lishmenta,  trades  and  other  purposes  which  consume  water  beyond 

2  the  quantity  required  for  ordinary  purposes,  and  may  require  the 

3  payment  to  him,  in  advance,  of  the  rates  thus  established,  before 

4  permission  to  use  such  extra  quantity  of  water  shall  be  given. 

5  The  regular  water  rents  shall  be  collected  from  the  owners  of  all 

6  lots  and  buildings  which  shall  be  situated  upon  any  street  or  avenue 

V  *  »•  .  v 

7  in  which  the  distributing  pipes  are  now  or  may  hereafter  be  laid 

8  and  from  which  such  lots  and  buildings  can  be  supplied  with  water; 

9  and  such  regular  rents,  as  well  as  the  amounts  due  and  unpaid 

10  for  the  introduction  and  measurement  of  the  supply  of  water  to 

11  such  lots  and  buildings,  shall  be,  like  other  taxes  of  the  city,  a  lien 

12  and  charge  upon  such  lots  and  buildings  as  herein  provided.  All 

13  special  rates  for  the  use  of  water  shall  be  paid  to  the  said  commis- 

•  * .  i  • 

14  sioner,  who  shall  daily  report  and  pay  the  amount  thereof  to  the 

15  city  treasurer.  It  shall  be  the  duty  of  the  said  commissioner  in 

16  the  month  of  August  in  each  year  to  make  out  a  list  lor  roll  for 

17  each  ward  or  assessment  district  of  the  city,  similar  to  the  rolls 

18  made  out  by  the  department  of  assessment  and  taxation,  and,  in 

19  which,  among  other  things,  he  shall  set  out  the  amount  of  regular 

20  water  rent  assessed  upon  each  lot,  part  of  lot  or  building,  and 

21  all  amounts  remaining  due  and  unpaid  on  the  first  day  of  August 

22  in  each  year  for  the  introduction  and  measurement  of  the  supply 

23  of  water;  and  it  shall  be  his  duty  to  complete  such  roll  on  or  before 

24  the  first  day  of  September  in  each  year.  He  shall  then  cause 

25  notice  to  bo  published  in  the  official  newspapers,  for  at  least  three 


26 


D. 


V  • 


8 


BO 


1  days,  of  a  time  and  place  at  which  hearing  shall  t>e  given  to  those 

2  who  desire  to  examine  the  said  rolls  and  to  present  their  grievances; 

3  and  after  such  hearing,  which  shall  be  on  at  least  two  different 

4  days,  he  shall  correct  said  rolls,  if  need  be,  and  shall  certify  the 

5  same, to  the  common  council.  The  common  council  shall  thereupon, 

i 

6  and  on  or  before  the  fifteenth  day  of  October  in  each  year,  direct 

7  by  ordinance  the  levying  of  such  'water  rents  upon  the  property 

8  described  in  said  rolls  and  the  amounts  appearing  thereon  shall 

9  be  extended  in  a  separate  column  upon  the  assessment-rolls  of  the 

10  city  and  shall  be  levied,  collected  and  enforced  at  the  same  time 

11  and  in  the  same  manner  as  is  provided  for  the  collection  of  other 

12  taxes  in  the  city. 

13  §  111.  It  is  also  the  duty  of  the  commissioner  to  appoint,  to 
11  hold  office  during  his  pleasure,  within  thirty  days  after  his  ap- 
15  pointment,  in  the  first  instance,  after  this  act  shall  take  effect, 
1G  and  thereafter  when  a  vacancy  shall  occur,  a  superintendent  of 

17  parks,  who  shall  have,  under  the  direction  of  the  commissioner,  the 

18  care,  management,  custody  and  control  of  all  the  parks  of  the  city, 

19  and  of  the  streets  passing  through  or  intersecting  the  same,  and 

f  •  '  . 

20  all  the  shade  trees  of  the  city.  Subject  to  the  direction  of  the  com- 

21  missioner  and  to  the  ordinances  of  the  common  council,  he  shall 

22  prescribe  the  powers  and  duties  of  the  subordinates.  Subject 

23  to  the  ordinances  of  the  common  council  and  the  direction  of 

24  the  commissioner,  he  shall  have  the  expenditure  of  all  the 

25  money  apportioned  to  this  branch  of  the  department  by  the  ac- 
2G  tion  of  the  board  of  estimate  and  apportionment  and  of  the 


1 

2 

3 

4 

o 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

99 

4—-  -W 

23 

24 

25 

26 


81 


common  council  as  in  this  act  provided.  He  shall  keep  an 
account  of  such  expenditures  and  prepare  bills  against  the  city 
in  items  for  the  same,  in  such  form,  with  such  verification  and 
vouchers  ais  may  be  prescribed  by  the  comptroller,  and  such 
bills  shall  be  'submitted  to  the  comptroller,  and,  when  finally 
audited,  as  in  this  act  provided  for  other  city  claims,  shall  be 
paid  by  the  city  treasurer  as  provided  in  the  case  of  other 
claims  against  the  city.  The  superintendent,  under  the  direc¬ 
tion  of  the  commissioner,  may  employ  all  the  laborers  needed 
upon  the  parks  and  streets  above  mentioned,  and  shall  fix  their 
wages,  subject  to  the  approval  of  the  commissioner  and  the 
board  of  estimate  and  apportionment,  and  he  may,  in  his  dis- 

cretion,  make  all  the  ordinary  repairs  and  improvements  upon 

% 

the  parks  and  such  streets,  subject  also  to  the  direction  of  the 
commissioner  and  to  the  approval  of  the  board  of  estimate  and 
apportionment.  He  shall  conduct,  with  the  aid  of  the  corpo¬ 
ration  counsel,  all  negotiations  and  proceedings  for  the  acqui- 

w 

sition  of  lands  for  any  park,  or  for  any  addition  to  any  park, 
when  the  acquisition  of  such  land  shall  have  been  authorized 
by  an  ordinance  passed  by  the  affirmative  vote  of  at  least  three- 
fourths  of  the  members  elected  to  the  common  council;  and 
when  such  lands  shall  have  been  acquired  he  shall  regulate 
and  improve  the  same  for  park  purposes.  He  shall  also  make 
such  rules,  regulations  and  ordinances,  not  inconsistent  with 
the  ordinances  of  the  common  council  and  the  laws  of  the  state, 
as  he  may  deem  proper  for  the  government,  management  and 


1 

2 

3 

4 

5 

6 

T 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 


care  of  any  park,  and  of  the  streets  in  and 


through  the  same, 


and  of  such  other  streets,  being  approaches  to  the  park,  as  may 


be  designated  by  ordinances  of  the  common  council  as  park- 
ways,  and  such  rules,  regulations  and  ordinances,  when  ap¬ 
proved  by  the  common  council,  shall  have  the  force  and  effect 
of  city  ordinances.  He  shall  also  have  such  other  powers  and 
be  charged  with  such  other  duties  not  inconsistent  with  the  pro¬ 
visions  of  this  act  and  the  other  laws  of  the  state,  as  the  com- 
missioner  may  direct  or  as  the  common  council  may,  by  ordi¬ 
nance,  define  and  prescribe. 


BOARD  OF  CONTRACT  AND  SUPPLY. 

t  . 

§  120.  There  shall  be  a  board  of  contract  and  supply  composed 
of  the  mayor,  comptroller,  commissioner  of  public  works,  corpora¬ 
tion  counsel  and  city  engineer,  which  board  shall  be  a  bureau 
in  the  department  of  public  works.  It  shall  be  the  duty  of  such 
board  after  public  notice,  and  in  accordance  with  regulations  to 
be  prescribed  by  general  ordinances  of  the  common  council, 
to  let  to  t^ie  lowest  bidder,  who  will  give  adequate  security 
for  the  performance  of  his  contract,  all  contracts  for  the  perform¬ 
ance  of  any  work,  service  or  for  the  supply  of  any  materials  for 

the  department  of  public  works,  department  of  of  public  safety, 

* ) 

department  of  public  instruction,  department  of  charities  and 
correction  of  the  city  in  all  cases  where  the  work  and 
materials  will  cost  to  exceed  two  hundred  dollars, 
unless  by  an  ordinance  passed  by  a  unanimous  vote 
of  the  common  council  and  by  the  unanimous  approval  of 


83 


1  the  board  of  estimate  and  apportionment,  it  is  determined  to  be 

2  impracticable  to  procure  the  work  or  materials  by  contract.  The 

3  public  notice  above  mentioned  must  describe  the  work  and  mater- 

4  ials  for  which  contracts  will  be  let  at  the  next  meeting  of  the  board, 

5  and  the  day  and  hour  and  place  of  such  meeting.  Specifications 

6  for  every  public  improvement  must  be  prepared  and  set  forth  with 

7  such  details  as  will  adequately  inform  all  persons  proposing  to  bid, 

8  of  the  nature  of  the  work  to  be  done  and  of  the  materials  to  be  sup- 

#  - 

9  plied  and  the  same  shall  be  printed  and  copies  thereof  shall  be 
49  delivered  to  applicants  therefor.  But  nothing  herein,  excepting 
44  the  letting  of  contracts,  shall  interfere  with  the  duty  and  authority 

42  of  the  commissioner  of  public  works  and!  of  the  department  of  parks. 

43  §  121.  Every  contract  for  public  improvement  within  the  city 

44  shall  be  based  upon  estimates  of  the  whole  cost  of  such  improve- 

45  ment  furnished  by  the  proper  officer,  board  or  department  having 

46  charge  of  the  improvement.  No  contract  shall  be  let  except  after 

47  the  receipt  of  bids,  and  no  bids  shall  be  received  at  any  other  time 

48  than  at  a  regular  meeting  of  the  board,  and  unless  they  conform  to 

49  the  rules  of  the  board  and  the  general  ordinances  of  the  common 

20  council.  All  bids  must  in  addition  be  endorsed  with  the  title  of  the 

21  work  to  which  they  relate,  the  name  of  the  bidder  and  his  residence. 


22 

23 

24 

25 

26 


§  122.  It  shall  be  the  duty  of  each  member  of  the  board  to  be  pre¬ 
sent  at  the  time  and  place  mentioned  in  the  public  notice  referred  to 
in  section  one  hundred  and  twenty.  After  all  the  bids  have  been 

4  \ y  ✓ 

presented,  but  not  until  an  half  hour  after  the  time  stated  in  the 


34 


1  public  notice  for  holding  the  meeting,  all  bids  shall  be  opened  by 
%  some  member  of  the  board  -or  by  the  clerk,  in  the  presence  of  the 

\  i  \  \ 

$  bidders  and  newspaper  reporters  there  present,  though  a  ma- 

4  jority  be  not  then  present,  and  an  abstract  of  all  of  them, 

5  with  the  prices  and  security  offered,  shall  be  immediately  copied 
<3  in  a  book  kept  for  that  purpose  without  any  change,  correc- 

tion  or  addition  whatever.  All  bidders  and  reporters  of 

8  accredited  newspapers  shall  have  the  privilege  of  being  present 

9  when  the  bids  are  opened.  The  board  may  refuse  all  bids  received 
jq  at  any  meeting  and  advertise  again  for  new  bids,  to  be  received  at 

11  another  meeting  as  above  prescribed. 

12  §  123.  All  the  oil,  gas  and  electric  lights  of  the  city  shall  be 

i 

13  supplied  pursuant  to  section  one  hundred  and  twenty  of  this  act, 

14  and  under  and  pursuant  to  contracts  to  be  let  by  the  board 

15  of  contract  and  supply,  which  contracts  shall  cover  and  include 

* 

16  the  lighting  and  supplying  of  the  lamps  and  the  oil,  gas,  electric 

17  currents,  the  cleaning  of  the  lamps  and  all  the  materials  required 

18  in  the  use  and  repair  thereof.  The  specifications  for  bids  for  the 

19  care,  maintenance  and  lighting  of  the  city  electric  lamps  shall 

20  provide  for  the  care  and  lighting  thereof  for  a  period  not  exceed- 

21  ing  five  years.  They  shall  require  each  bidder  to 

f  s 

22  furnish-  with  his  bid  a  certified  check,  payable  to 

23  the  order  of  the  treasurer  of  the  city,  in  the  sum 

24  of  ten  thousand  dollars,  which  sum  shall  be  forfeited  to  the 

t  -  V 

25  city  in  case  the  bidder  depositing  the  same  shall  be  awarded  the  con- 


35 


i 

t 

1  tract  and  shall  not  execute  the  same  and  furnish  the  bond  require#, 

2  which  bond  shall  be  in  the  penalty  of  fifty  thousand  dollars.  In 

3  case  the  contract  be  not  awarded  to  the  bidder,  or  if  awarded, 

•* 

4  the  contract  and  bond  shall  be  duly  executed,  such  check  shall 

5  be  returned  to  him. 

3  §  124.  The  board  of  contract  and  supply  shall  appoint  a  clerk, 

7  to  hold  office  during  its  pleasure,  whose  duty  it  shall  be  to  keep  a 

8  full  journal  of  all  the  proceedings  of  the  board,  including  every 

9  vrote  thereof  by  ayes  and  noes.  The  minutes  of  each  meeting  of  the 
5  0  board  shall  be  printed  in  full  within  six  days  after  its  adjoum- 

11  ment  and  distributed  immediately,  one  copy  to  each  member  of  the 

12  board,  and  of  the  common  council,  one  to  the  head  of  each  depart- 

13  ment  and  one  to  every  taxpayer  entitled  thereto  under  section 
24  four  hundred  and  seventy-two  of  this  act.  At  the  end  of  each  year 
15  the  printed  minutes  shall  be  indexed  and  bound  in  adequate 
20  number. 

17  CITY  ENGINEER. 

18  §  132.  There  shall  be  a  city  engineer,  to  be  appointed  by  the 

19  mayor,  and  to  hold  office  to  the  end  of  the  term  of  the  mayor 

20  appointing  him,  unless  sooner  removed  by  the  mayor,  whose 

21  office  shall  be  a  bureau  in  the  department  of  public  works. 

22  lie  shall  be  a  civil  engineer  of  at  least  five  years’  practical 

23  experience  in  his  profession.  It  shall  be  his  duty  to  perform  all 

24  the  ordinary  engineering  and  surveying  services  needed  in  the 
ji 5  affsirs  and  business  of  the  city,  and  to  supervise,  under  the 


1 

2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 


23 


24 


general  directions  of  the  commissioner  of  public  works,  all  th« 

work  done  for  the  city  in  which  the  skill  of  his  profession 

may  be  required  or  useful.  He  shall  act  as  the  superin* 

tendent  of  public  buildings,  bridges,  docks  and  wharves, 

under  such  regulations  as  may  be  prescribed  by  ordinances  of 

the  common  council,  and  under  the  direction  of  the  commissioner 

of  public  works.  He  shall  employ  such  subordinates  to  serve 

during  his  pleasure,  and  shall  have  such  other  assistance  as  the 
# 

board  of  estimate  and  apportionment  shall  prescribe. 

STREETS. 

§  142.  Except  as  otherwise  provided  In  this  act,  the  other 

laws  of  the  state,  or  by  ordinances  of  the  common  council,  the 

* 

commissioner  of  public  works  has  over  the  streets  within  the  city 

%  t 

all  the  jurisdiction,  and  is  charged  with  all  the  duties  of  com* 
missioners  of  highways  within  the  towns  of  the  state. 

§  143.  Whenever  the  common  council  shall  contemplate  the 

/ 

discontinuance  of  any  street,  it  shall  publish  a  notice  for  ten  days 
in  the  official  newspapers  of  the  city  of  its  intention  to  do  so,  and 
that  all  persons  interested  in  the  street  may  be  heard  in  reference 
thereto  at  a  time  stated  in  such  notice.  If  it  shall  determine  to 
discontinue  the  street  and  any  person  shall  claim  to  be  damaged 
by  such  discontinuance,  the  damages  of  such  person,  unless 
agreed  upon  between  him  and  the  commissioner  of  public  works, 
subject  to  the  written  approval  of  the  board  of  estimate  and 
apportionment,  must  be  ascertained  and  determined  in  the  man- 


i 


37 


T 


2  ner  provided  in  the  condemnation  lhw.  But  an  ordinance  dis- 

2  continuing  anj  street  shall  require  the  affirmative  vote  of  three- 

3  fourths  of  the  members  elected  to  the  common  council. 

4  §  144.  Every  street  that  shall  not  have  been  traveled  or  used 
g  as  a  street  for  six  years,  and  every  street  that  shall  not  have  been 
%  opened  and  worked  within  six  years  from  the  time  it  shall  have 
*1  been  dedicated  to  the  use  of  the  public  or  laid  out  shall  cease  to  be 

8  a  street;  but  the  period  during  which  any  action  or  proceeding 

9  shall  have  been  or  shall  be  pending  in  regard  to  any  such  street 
|0  shall  form  no  part  of  such  six  years. 

11  §  145.  All  lands  which  shall  have  been  used  by  the  public  as  a 

12  street  for  twenty  years  or  more  shall  be  a  street  with  the  same 

13  force  and  effect  as  if  it  had  been  duly  laid  out  and  recorded  as  such. 

‘i 

14  §  146.  Whenever  the  common  council  shall  contemplate  the 

15  opening  and  laying  out  of  a  new  street,  or  the  alteration  of  an 

16  existing  street,  or  the  improvement  of  a  street,  it  shall  require  the 

1 7  commissioner  of  public  works  to  make  a  survey  and  description  of 

18  the  proposed  street,  or  alteration,  or  improvement,  and  the  prop- 

19  erty  deemed  to  be  benefited  thereby  and  liable  to  assessment  there- 

20  for,  and  to  file  the  same  in  his  office,  and  it  shall  then  cause  a 

2 1  notice  to  be  published  once  a  week  for  three  successive  weeks  in  the 

22  official  newspapers  of  the  city  describing  the  street  to  be  opened,  or 
28  the  alteration,  or  improvement  to  be  made,  and  the  property 
24  deemed  to  be  benefited  thereby,  and  liable  to  assessment  therefor  as 


25 


d: 


10 


38 


2  hereinafter  provided,  and  naming  the  time  when  all  persons  inter- 

» 

2  ested  can  be  heard  in  reference  to  such  opening,  alteration  or  im- 

g  provement,  and  if,  after  hearing  such  persons,  it  shall  determine  to 

* 

.  4  open  the  proposed  street,  or  to  make  the  proposed  alteration,  or  im- 

5  provement,  it  shall  pass  an  ordinance  to  that  effect,  which  ordinance 

0  must  have  the  affirmative  vote  of  three-fourths  of  all  the  mem- 

7  bers  elected  to  the  common  council,  unless  a  majority  of  the  owners 

S  of  property  liable  to  be  assessed  for  the  opening,  altering  or  im- 

9  proving  the  street  shall  petition  therefor. 

•  "  * 

20  §  147.  Any  person  conceiving  himself  aggrieved  by  an  ordinance 

11  of  the  common  council  opening,  altering,  discontinuing  or  improv- 

12  ing  a  street  may  appeal  therefrom  to  the  board  of  estimate  and 

13  apportionment  by  serving  upon  the  commissioner  of  public  works 

14  within  ten  days  after  the  passage  of  such  ordinance  a  written 

15  notice  of  appeal.  After  the  service  of  such  notice,  the  board  shall 

16  give  notice  of  the  time  and  place  for  hearing  such  appeal  by  pub- 
lishing  a  notice  for  at  least  five  days  in  the  official  newspapers  of 

18  the  city.  Upon  the  hearing  of  such  appeal  the  city  judges  shall 

19  take  the  place  of  the  mayor  and  president  of  the  common  council 

20  as  members  of  the  board.  The  city  clerk  shall  place  before  the 

21  board  all  the  papers  relating  to  the  street  which  were  before  the 

22  common  council  at  the  time  of  its  action;  and  the  board  shall 

23  receive  such  other  papers  and  such  affidavits  as  may  be  presented 

24  to  it  on  behalf  of  the  appellant  or  the  city;  and  after  hearing  the 
3>K  appeal,  if  it  shall  affirm  the  action  of  the  common  council,  its 

i  -  y 

* 


i 


1  determination  shall  be  final;  if  it  shall  reverse  such  action  and  set 

2  aside  the  ordinance  appealed  from,  then  no  new  proceeding  to 

3  open,  alter,  discontinue  or  improve  the  same  street  shall  be  insti* 

4  tuted  within  two  years. 

5  §  148.  The  expense  of  opening  or  altering  a  street  shall  be 

6  borne  by  the  real  estate  benefited  thereby,  which  expense 

7  shall  be  assessed  and  apportioned  by  the  city  assessors 

8  upon  and  against  such  real  estate  in  proportion  to  benefits, 

9  within  the  district  of  benefits  determined  by  the  board  of  estimate 

#  » 

10  and  apportionment.  Any  expense  of  improving  a  street  shall  be 

11  assessed  upon  the  property  abutting  upon  the  street  upon  which 

12  the  improvement  shall  be  made  in  an  equitable  manner,  as  near  as 

13  may  be  in  proportion  to  the  benefits  which  each  owner  of  such 

/ 

14  property  may  derive  therefrom,  without  reference  to  any  improve- 

15  ments  already  thereon. 

16  §  149.  The  commissioner  of  public  works  may  acquire  for  the 

17  city,  land  needed  for  the  opening  of  a  new  street,  or  for  the  altera- 

18  tion  of  a  street,  by  gift,  or  by  purchase  at  a  price  approved  by  the 

19  board  of  estimate  and  apportionment,  or  by  condemnation  pro- 

20  ceedings  conducted  under  the  condemnation  law. 

21  §  150.  When  a  street  has  once  been  established,  graded,  paved, 

\ 

22  flagged  and  curbed  at  the  expense  of  the  owners  of  property 

23  deemed  to  be  benefited  thereby,  every  expense  thereafter  of  keep- 

24  ing  the  street  between  the  sidewalks  in  repair  and  clean  shall  be 

25  borne  wholly  by  the  city,  except  that  it  shall  be  the  duty  of  all 

26  railroad  companies  to  cause  that  part  of  the  streets  throughout 


1  the  city  upon  which  their  tracks  are  laid,  lying  between  the  outer 

2  rails  of  the  tracks  and  for  two  feet  on  either  side  thereof,  to  be  kept 

3  in  repair  under  the  direction  of  the  commissioner  of  public  works. 

4  §  151.  The  owners  of  lots  abutting  on  a  street  may  be  required 

5  by  city  ordinances  and  under  regulations  and  conditions  specified 
5  in  such  ordinances  to  keep  the  sidewalks  in  front  of  such  lots  in 
ij  repair  and  clear  of  snow  and  ice. 

8  SEWERS. 

9  §  161.  Whenever  the  common  council  shall  contemplate  the 
IQ  building  of  any  sewer,  it  shall  require  the  commissioner  of  publib 

11  works  to  cause  plans  and  estimates  of  the  cost  thereof,  and  a 

12  description  of  the  property  deemed  to  be  benefited  thereby  and 

13  liable  to  be  assessed  therefor,  to  be  prepared,  which  plans,  esti- 

14  mates  and  description  shall  be  and  remain  on  file  in  his  office.  It 

0 

15  shall  then  publish  a  notice  in  the  official  newspapers  of  the  city 

16  for  twenty  days,  of  the  time  when  it  will  hear  all  persons  inter* 

17  ested  in  the  construction  of  the  sewer;  and  after  such  hearing  it 

18  shall  determine  whether  the  contemplated  sewer  shall  be  con- 

19  structed;  and  in  case  it  shall  determine  that  the  same  shall  be 

20  constructed,  it  shall  further  determine  the  plans  thereof. 

21  §  162.  The  expense  for  the  construction  of  a  sewer  shall  be  borne 

22  by  the  real  estate  to  be  benefited  thereby,  which  expense  shall  be 

*  ,  , 

23  assessed  against  and  apportioned  to  such  real  estate  by  the  city 

* 

24  assessors,  as  herein  provided,  within  a  district  of  benefits  to  be 

25  determined  by  the  board  of  estimate  and  apportionment. 


41 


1  §  163.  If  any  real  estate  within  or  without  the  city  shall  be 

2  needed  for  the  construction  of  any  sewer  ordered  by  the  common 

3  council  as  above  provided,  it  may  be  acquired  by  the  commissioner 

4  of  public  works,  by  gift,  or  by  purchase,  for  a  price  approved  by 

* 

t  the  board  of  estimate  and  apportionment,  or  by  condemnation 

6  proceedings  conducted  on  behalf  of  the  city  under  the  condemna- 

*  • 

7  tion  law. 

8  §  164.  When  any  expense  of  the  construction  of  a  sewer  is  to  be 

* 

9  assessed  against  real  estate  to  be  benefited  thereby,  unless  the 

10  owners  of  a  majority  in  lineal  feet  of  the  real  estate  along  the 

\ 

11  sewer  shall  petition  for  the  construction  of  the  sewer,  its  construc- 

12  tion  shall  not  be  authorized  except  by  a  vote  of  three-fourths  of 

13  the  members  of  the  common  council. 

14  ARTICLE  VI. 

15  DEPARTMENT  OF  PUBLIC  SAFETY. 

j;0  POLICE  DEPARTMENT  —  FIRE  DEPARTMENT  —  HEALTH  DEPARTMENT. 

17  Section  174.  Police  department. —  There  shall  be  a  commis- 

\ 

18  sioner  of  public  safety  appointed  by  the  mayor  within  ten  days 

19  after  the  beginning  of  every  mayoralty  term.  He  shall  have 

20  charge  of  and  supervision  over  the  police  department  and  shall 

21  hold  office  for  two  years  unless  sooner  removed  by  the  mayor. 

\  .  - 

22  The  commissioner  shall  appoint  when  a  vacancy  shall 

23  occur,  a  chief  of  police,  to  hold  office  during  good 

24  behavior,  or  until  by  age  or  disease  he  becomes  per- 

25  manently  incapacitated  to  discharge  his  •  duties,  and  such 


26 


D. 


11 


42 


3  other  subordinates  to  hold  office  during  his  pleasure  as  may  be 

2  prescribed  by  the  board  of  estimate  and  apportionment.  In  case 

3  of  a  vacancy  in  the  office  of  commissioner  of  public  safety,  the 

4  mayor  shall,  within  ten  days,  fill  the  vacancy  by  appointment  for 

5  the  remainder  of  the  term.  The  commissioner  of  public  safety 

6  and  the  chief  of  police  shall  each  give  a  bond  to  the  city  with 

7  sureties,  for  the  faithful  discharge  of  the  duties  of  their  respective 

8  offices,  in  a  penalty  to  be  prescribed  by  the  common  council, 

.9  which  bond,  as  to  its  form  and  the  sureties  thereto,  shall  be 

<  .  . 

10  approved  by  the  majmr. 

11  §  175.  The  commissioner  shall  appoint  a  clerk,  to  hold  office  dur- 

12  ing  his  pleasure.  It  shall  be  the  duty  of  the  clerk  to  attend 

13  at  the  office  of  the  commissioner  and  keep,  under  his  direction, 

14  all  the  records  and  papers  relating  to  the  police  department;  and 

% 

15  the  clerk  shall  have  authority  to  administer  oaths  and  take  affida- 

16  vits  in  all  matters  and  proceedings  pertaining  to  the  department. 

17  The  commissioner  shall  also  cause  a  record  to  be  kept  of  all  hi* 

18  official  acts,  which  must  at  all  times  be  open  to  the  inspection  of 

19  the  mayor,  and,  so  far  as  compatible  with  the  public  interests,  also, 

20  at  all  proper  times,  to  the  inspection  of  any  resident  of  the  city. 

f 

2:  §176.  The  commissioner  shall  make  rules  and  regulations,  not  in- 

22  consistent  with  the  provisions  of  this  act,  the  other  laws  of  the  state 

k  * 

t  ^ 

23  or  the  ordinances  of  the  common  council,  for  the  government, 

21  direction,  management  and  discipline  of  the  police  force. 

25  §  177.  The  police  force  shall,  as  to  its  component  parts,  remain 


43 


1  in  each  city  as  now  constituted  until  the  same  shall  be  changed 

2  by  the  action  of  the  common  council  thereof,  which  has  power, 

3  at  all  times,  by  ordinance,  to  determine  the  number  of  the  mem- 

4  bers  of  the  police  department,  and  the  classes  or  grades  into 

5  which  they  shall  be  divided,  but  the  number  of  members  of  the 

6  police  department  shall  not  be  increased  without  the  approval  of 

7  the  board  of  estimate  and  apportionment  by  a  resolution  adopted 

8  by  at  least  four  affirmative  votes  of  said  board. 

9  §178.  The  commissioner  has  authority  to  appoint,  as  vacancies  in 

10  the  police  force  occur,  or  as  the  ordinances  of  the  common  council 

11  may  require,  all  the  members  of  the  police  force,  and  at  all  times 

12  to  classify  and  distribute  them  into  grades  to  conform  to  such 

13  ordinances;  and  under  such  ordinances  he  may  appoint  and 

14  assign  to  duty  temporary  or  special  members  of  the  police  force 

15  for  such  time  of  service  and  upon  such  term*  and  conditions  as 

16  such  ordinances  may  specify,  and  with  the  same  powers  as  the 

17  regular  members  of  the  police  force,  except  as  limited  in  such 

18  ordinances. 

_9  §  179.  No  person  shall  be  appointed  to  membership  in  the  police 

20  force  of  the  city,  or  continue  to  hold  membership  therein,  who  is 

21  not  a  citizen  of  the  United  States,  who  is  not  of  good  moral  char* 

% 

22  acter,  who  Jias  ever  been  convicted  of  any  crime,  who  can  not 

23  understandingly  read  and  write  the  English  language,  or  who 
shall  not  have  resided  in  the  city  during  the  two  years  next  pre- 

2g  ceding  his  appointment. 


44 


1  §  180.  All  the  members  of  the  police  force,  subject  to  the  power 

2  of  removal  hereinafter  specified,  shall  hold  their  respective  offices 

3  during  good  behavior,  or  until  by  age  or  disease  they  become  per- 

4  mianently  incapacitated  to  discharge  their  duties. 

5  §  181.  The  members  of  the  police  force,  excepting  the  surgeons, 

6  in  criminal  matters,  have  all  the  powers  of  constables  under  the 

7  general  laws  of  the  state;  and  they  also  have  power  and  it  is  their 

'  i 

S  duty  to  arrest  any  person  by  them  found  violating  any  of  the  penal 

v 

9  ordinances  of  the  city  or  laws  of  the  state,  and  to  take  such  person 

10  before  the  proper  city  magistrate,  to  be  dealt  with  in  the  same 

11  manner  as  if  such  person  had  been  arrested  upon  a  warrant  there- 

12  tofore  duly  issued  by  such  magistrate.  It  shall  be  their  duty 

13  to  report  violations  of  law  and  ordinances,  coming  to  their  knowl* 

1 4  edge  in  any  way,  under  regulations  to  be  made  by  the  commissioner 

1 5  to  give  effect  to  this  provision.  They  shall  also  have  in  every  part  of 

16  the  state  in  criminal  matters  all  the  powers  of  constables;  and  any 

17  warrant  for  search  or  arrest  issued  by  any  magistrate  of  the  state 

/ 

18  may  be  executed  by  them  in  any  part  of  the  state,  according  to  the 

1 9  tenor  thereof,  without  indorsement  and  all  the  provisions  of  seo- 
*0  tions  seven,  eight  and  nine  of  chapter  two,  title  two,  part  four  of 

21  the  revised  statutes  apply  to  the  cases  of  arrests  made  as  herein 

22  authorized. 

'  < 

23  §  182.  All  criminal  process  for  any  offense  committed  within  the 

24  city,  and  all  process  to  recover  or  to  enforce  *any  penalty  for  the 

/ 

25  violation  of  any  city  ordinance  issued  out  of  any  court  or  by  any 

■ 

26  magistrate  within  the  city,  and  every  process,  subpoena  or  bench 


45 


1 


2 


3 


4 

5 

0 

hr 

l 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 


22 


23 

24 

25 
23 


warrant  issued  by  the  district  attorney  of  the  county  in  which  the 
city  is  situated  relating  to  any  offense  within  the  city,  and  every 
process,  subpoena  or  warrant  issued  by  any  coroner  of  such  county 
in  any  inquest  held  in  the  city  relative  to  the  death  of  any  person, 
may  be  served  by  the  members  of  the  police  force. 

§  183.  The  chief  of  the  police  department  has  power,  and  it  is 
his  duty  to  see  that  all  rules  and  regulations  of  the  commissioner 
are  enforced  and  carried  out,  to  commit  any  person  charged  with  a 
criminal  offence  until  an  examination  shall  be  had  before  the  proper 
magistrate ;  and  he  is  empowered  to  administer  oaths  and  to 
take  affidavits  in  all  matters  pertaining  to  his  duties  under  this  act, 
or  relating  to  the  police  department,  and  to  perform  such  other 
duties  not  inconsistent  with  the  provisions  of  this  act  as  may  be 
delegated  to  him  by  the  commissioner. 

§  184.  If  a  charge  be  made  by  any  person  against  any  mem¬ 
ber  of  the  police  force,  that  he  is  incompetent,  or  has  been 
guilty  of  neglect  of  duty,  misconduct  in  his  office,  or  of  con¬ 
duct  unbecoming  a  police  officer,  the  charge  must  be  put  in 
writing,  in  the  form  required  by  the  rules  of  the  police  depart¬ 
ment,  and  a  copy  thereof  must  be  served  upon  the  accused  officer 
It  is  then  the  duty  of.  the  commissioner  to  hear,  try  and  de¬ 
termine  the  charge  according  to  the  rules  of  the  police  depart¬ 
ment.  The  accused  officer  has  the  right  to  be  present  at  his  trial, 
and  to  be  heard  in  person  and  by  counsel,  and  give  and  furnish 
evidence  in  his  defense.  All  trials  shall  be  open  to  the  public. 


D. 


12 


46 


V 


1  The  commissioner  has  power  to  issue  subpoenas  attested  in  his 
^  name  to  compel  the  attendance  of  witnesses  upon  any  proceeding 

3  authorized  by  the  rules  and  regulations  of  the  police 

4  department,  and  any  person  duly  served  with  a  sub- 

5  poena  is  bound  to  attend  in  obedience  to  the  com- 

6  mand  thereof;  and  the  commissioner  has  the  same  authority  to 

7  enforce  obedience  to  the  subpoena,  and  to  punish  for  disobedience 
S  thereof,  as  is  possessed  by  justices  of  the  peace  in  like  cases.  If 
9  the  accused  officer  shall  be  found  guilty  of  the  charge  made 

10  against  him,  the  commissioner  may  order  his  suspension  from  pay 

11  for  some  definite  time,  or  impose  upon  him  a  fine  not  exceeding  fifty 
dollars,  or  reduce  his  grade,  or  dismiss  him  from  the  police  force, 

13  or  subject  him  to  any  other  discipline  prescribed  in  the  rules  of  the 
11  police  department  which  is  not  inconsistent  with  the  provisions 

15  of  this  act  or  with  other  laws  of  the  state.  The  decision  of  the 

16  commissioner  shall  be  final  and  conclusive  and  not  subject  to 

17  review  by  any  court. 

•  | 

IS  §  185.  Any  police  pension  fund  now  existing  in  any  city  or  here¬ 
to  after  created  under  the  rules  and  regulations  of  the  police  de- 
2u  partment,  or  under  ordinances  of  the  common  council,  shall  be 

21  maintained,  managed  and  controlled  by  the  comptroller  of  the 

22  city,  under  the  rules  and  regulations  prescribed  by  city  ordi- 

23  nances,  and  he  shall  be  the  trustee  of  the  fund  for  the  purposes 

24  of  its  creation;  and  the  rights  of  all  persons  in  any  pension  fund 

.  .*•  *. 

25  now  existing  shall  remain  unimpaired  by  this  act. 

20  §  186.  The  mayor  being  charged  to  take  care  that  the  laws  of 

27  the  state  and  the  ordinances  of  the  common  council  and  of  the 


47 


1  commissioner  in  '  charge  of  the  health  department  be  duly 
^  executed  within  the  city  is  empowered  to  control  and 

3  direct  the  police  department  for  this  purpose;  and  in 

4  case  of  riot  or  insurrection,  he  may  take  command  of  the  whole 

5  police  force,  including  the  chief  executive  officer  thereof,  and  he 

6  may  for  the  occasion  appoint  and  commission  as  many  special 

7  policemen  as  he  may  deem  necessary,  who  shall  have  all  the 

8  powers  of  regular  members  of  the  police  force. 

^  §  187.  No  member  of  the  police  department  is  liable  to"  military 

or  jury  duty,  or  to  arrest  on  civil  process,  or  to  service  of  subpoena 
11  from  civil  courts,  while  actually  on  duty,  nor  shall  he  hold  any 
-  ~  other  office  or  be  employed  in  any  other  department  of  the  city 
13  government. 


14  §  1S8.  All  appointments  to  membership  on  the  police  force 

15  shall  be  made  pursuant  to  the  civil  service  laws  of  the  state,  and 

16  in  case  of  any  vacancy  in  the  police  force,  the  same  shall  be  filled 

17  ' 

from  a  list  of  persons  eligible  to  appointment  under  such  laws. 

« 

§  189.  No  officer  or  member  of  the  police  department  shall  be  a 
19  member  of  or  delegate  to  any  political  convention,  nor  shall  he 
^  be  present  at  any  such  convention  except  in  the  performance  of 
-1  duty  relating  to  his  position  as  such  officer  or  member.  Any 
violation  of  these  provisions  shall  work  a  forfeiture  of  his  office 
2 3  ir  position,  and  it  shall  be  the  duty  of  the  mayor  to  dismiss  him 
84  <-rom  0ffice  or  position,  and  enter  of  record  the  cause  of  such 


JJ.smissal. 


85 


48 


1 

2 

3 

4 

5 

6 

r* 

i 

8 


1  1 
12 
13 

1  i 
i  5 


17 

18 
10 

20 


oo 

-w 


23 


25 


§  190.  It  is  unlawful  for  any  officer  or  member  of  the  police 

department  to  solicit  any  person  to  vote  at  any  political  caucus 

« 

primary  or  election  for  any  candidate,  or  to  challenge  any  yoter,  or 
in  any  manner  to  attempt  to  influence  any  voter  at  any  political 

caucus, primaryoratanyelection,ortobea  member  of  any  political 

.  * 

committee;  and  any  person  violating  the  provisions  of  this  section 
shall  forfeit  his  position  under  the  city  government. 

§  191.  In  addition  to  the  provisions  herein  contained,  the  com- 
mon  council  may  make  any  ordinances,  not  inconsistent  with  thl» 

act  or  the  other  laws  of  the  state,  for  the  government  of  the  police 

♦ 

department,  and  for  regulating  the  powers  and  duties  of  its 
officers  and  members. 

§  192.  All  officers  and  members  of  the  police  department, 

<\ ' 

when  this  act  takes  effect,  shall  remain  and  continue  in  their 
respective  positions  until  their  positions  shall  become  vacant  by 
death,  resignation  or  by  removal  under  procedure  hereinbefore 
set  forth. 


♦  FIRE  DEPARTMENT. 

i  A  \  .  '  '  \ 

§  201.  The  commissioner  of  public  safety  shall  have  charge  of 

and  supervision  over  the  fire  department. 

§  202.  The  fire  department  in  each  city  shall,  as  toits  component 

j 

parts,  except  the  head  thereof,  remain  as  now  constituted  until 
the  same  shall  be  changed  by  the  action  of  the  common  council, 
which  shall  at  all  times  have  authority,  by  ordinance,  to  determine 
the  number  and  grades  of  all  officers  and  members  of  the  depart- 


i 


26 


ment. 


i 


i 


49 


J  §  203.  The  commissioner  shall  appoint,  when  a  vacancy  shall  oc- 

2  cur,  a  chief  of  the  fire  department,  who  shall  hold  office  during  good 

• y 

3  behavior,  or  until  by  age  or  disease  he  becomes  permanently  inca- 

' 

4  pacitated  to  discharge  his  duties,  and  such  other  subordinates,  to 

5  hold  office  during  his  pleasure,  as  may  be  prescribed  by  the 

6  board  of  estimate  and  apportionment,  and  all  the  officers  and 

7  members  of  the  department  as  vacancies  may  occur  or  the  or- 
g  dinances  of  the  common  council  require  or  determine;  and  all 
9  the  officers  and  members  of  the  department  shall,  except  as  here¬ 
to  inbefore  specified,  and  subject  to  the  power  of  removal  herein- 
H  after  specified,  bold  their  respective  places  during  good  behavior 

12  and  so  long  as  they  are  competent  to  discharge  the  duties  there* 

13  of,  subject  to  the  power  of  the  common  council  to  abolish  any 

14  office  or  to  diminish  the  number  of  members.  It  shall  be  the 

15  duty  of  the  chief,  subject  to  the  direction  and  control  of  the 

16  commissioner,  to  perform  such  services  as  may  be  delegated  or 

17  directed  bv  the  commissioner. 

18  §  204.  Any  officer  or  member  of  the  department  may  be  removed 

19  by  the  commissioner  upon  charges  affecting  his  conduct  or  charac- 

20  ter  or  his  competency  or  capacity  to  discharge  his  duties,  after  a 

21  hearing  upon  such  charges  or  an  opportunity  to  be  heard  after 

\ 

22  notice  thereof.  The  trial  upon  such  charges  shall  be  publicly  con- 

23  ducted,  according  to  rules  and  regulations  adopted  and  promul- 
2i  gated  by  the  commissioner;  and  for  the  purpose  of  such  trials,  the 


25 


D. 


13 


50 

1  commissioner  may  issue  subpoenas  for  witnesses  and  compel  their 

2  attendance.  In  case  an  officer  or  member  is  found  guilty  upon 

3  charges  affecting  his  conduct  or  character,  instead  of  removing 

* 

4  him,  the  commissioner  may,  in  his  discretion,  suspend  him  from 

5  pay  in  the  department  for  some  definite  time,  or  impose  upon  him 

6  a  fine  not  exceeding  fifty  dollars.  The  decision  of  the  commis- 

7  sioner  shall  be  final  and  conclusive  and  not  subject  to  review  by 

8  any  court.  , 

9  §  205.  Any  pension  fund  for  the  benefit  of  members  of  the  fire 

10  department,  now  existing,  or  hereafter  created  by  law  and  the 

11  rules  and  regulations  of  the  department  based  thereon,  shall  be 

12  maintained,  managed  and  controlled  by  the  city  comptroller, 

13  under  such  rules  and  regulations.  He  shall  be  the  trustee  of  the 
74  fund  for  the  purposes  for  which  it  was  created,  and  the  rights 

15  of  all  persons  in  any  pension  fund  now  existing  shall  remain 

16  unimpaired  by  this  act. 

-  / 

17  §  206.  The  commissioner  has  the  control  and  management  of  all 

18  the  apparatus,  property  and  buildings  furnished  for  the  department 
79  or  appertaining  thereto;  and  he  has  the  general  direction  of  the 
20  expenditure  of  all  the  money  appropriated  to  the  department,  as 
27  herein  provided.  When  the  commissioner  declares  that  any 

22  real  property  or  building  is  needed  for  the  department,  re- 

23  quiring  an  expenditure  of  over  five  hundred  dollars,  he 

24  must  report  the  facts  concerning  such  need  to*the  common  council, 

25  which  may  by  ordinance  give  authority  for  the  purchase  of  the 


1 

2 

3 

4 

5 

6 

5*7 

4 

3 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

-OO 

23 

24 

25  . 

26 


51  1 

property,  or  the  erection  of  the  building  by  contract,  to  be  let 

by  the  board  of  contract  and  supply,  as  heretofore  provided,  unless 
the  common  council  and  board  of  estimate  and  apportionment 
shall,  by  a  unanimous  vote,  declare  it  impracticable  to  purchase 
the  material  or  to  do  the  work  authorized  in  that  way,  in  which 
case  the  fire  commissioner  may  make  the  purchase  and  do  the 
work,  using  his  own  judgment. 

§  207.  All  officers  and  members  of  the  fire  department  when 
this  act  takes  effect,  shall  remain  and  continue  in  their  respective 
positions  until  their  positions  shall  become  vacant  by  death,  re¬ 
signation,  or  by  removal  under  the  procedure  hereinbefore  set 
forth. 

DEPARTMENT  OF  HEALTH. 

§  220.  The  commissioner  of  public  safety  shall  have  charge  of 

and  supervision  over  the  department  of  health. 

<  .  ^  * 

§  221.  The  commissioner  of  public  safety  shall  appoint,  within 
thirty  days  after  his  appointment,  in  the  first  instance,  and 
thereafter  when  a  vacancy  shall  occur,  a  health  officer,  who 
shall  be  a  doctor  of  medicine  duly  licensed  under  the  laws  of 
this  state  to  practice  as  a  physician  and  surgeon,  and  who  has 
had  at  least  ten  years’  practice  as  such.  He  shall  hold  his  office 
during  good  behavior,  or  until  by  age  or  disease  he  become  perma¬ 
nently  incapacitated  to  discharge  his  duties.  Every  vacancy  in 
such  office  shall  be  filled  by  the  commissioner  for  the  remainder 
of  the  term.  The  commissioner  shall  exercise  all  the  powers 
and  be  charged  with  all  the  duties  conferred  upon  or  required  of 


1  local  boards  of  health  by  the  laws  of  this  state,  so  far  as  the  same 
§  pertain  to  cities,  with  the  exceptions,  limitations  and  additions 

3  herein  contained. 

4  §  222.  Any  person  aggrieved  by  an  order,  decision  or  direction 

5  of  the  health  officer,  may  appeal  therefrom  to  the  commissioner, 

6  who  may  affirm,  reverse  or  modify  the  order,  decision  or  direction 

T 

7  appealed  from.  Such  appeal  must  be  made  by  serving  on  the 

8  health  officer  a  written  notice  of  appeal  within  two  days,  Sun- 

9  days  and  legal  holidays  excepted,  or  within  such  further  time 

/ 

20  as  shall  be  allowed  by  the  commissioner  after  the  appellant 

11  receives  notice  of  the  order,  decision  or  direction  appealed  from. 

12  Within  two  days  after  receiving  such  notice  of  appeal,  Sunday® 

13  and  legal  holidays  excepted,  the  health  officer  shall  make  & 

14  written  return  to  the  commissioner  of  the  facts  and  of  the  evi- 

15  dence  on  which  such  order,  decision  or  direction  is  founded.  Upon 

16  receipt  of  such  return,  or  if  no  return  be  made  within  the  time 

17  specified,  the  commissioner  shall  forthwith  proceed  to  hear  and 

18  determine  the  matter.  Upon  such  appeal  the  commissioner  need 
]  9  not  be  confined  to  the  evidence  contained  in  the  return,  but  in  his 

20  discretion  may  take  additional  evidence.  Until  the  decision  of  the 

21  appeal  be  made,  the  order,  decision  or  direction  appealed  from 

22  shall  be  suspended.  In  case  of  failure  tio  sustain  the  appeal,  the 

23  commissioner  may,  in  his  discretion,  impose  costs  not  exceeding 

24  ten  dollars  upon  the  appellant. 

25  §  223.  The  health  officer  by  the  authority  and  under  the  direction 

26  of  the  commissioner,  may  appoint  a  deputy  and  employ  such  ex- 


1  perts  in  the  sciences  or  arts  relating  to  health,  and  employ  such 

2  other  persons  as  may  be  needed;  and  as  the  commissioner  may 

3  authorize  to  assist  him  in  the  discharge  of  his  duties  and  tovcarry 

4  into  effect  his  decisions,  orders  and  directions,  and  the  powers 

t  \ 

g  vested  in  him  by  this  act,  subject  to  the  approval  of  the  board  of 
3  estimate  and  apportionment.  The  deputy  and  experts,  and  other 

y  persons  so  employed,  shall  serve  during  the  pleasure  of  the 

✓  ■ 

g  health  officer  and  under  his  direction,  and  the  direction  of  the 

(  •  - 

9  commissioner,  but  their  compensation  shall  be  fixed  by  the 

a 

20  commissioner  of  health,  subject  to  the  approval  of  the  board  of 

11  estimate  and  apportionment. 

12  §  224.  The  health  officer  has  authority  and  it  is  his  duty  to  make 

13  inspection  and  to  advise  as  to  the  proper  heating,  ventilation  and 
£4  drainage  of  public  buildings  under  the  control  of  the  city  or  any 
15  of  its  departments,  and  in  case  any  such  building  is  in  use  or  in 
10  process  of  erection  without,  in  the  opinion  of  the  health  officer, 

17  proper  arrangements  for  heating,  ventilation  or  drainage,  he 

18  has  power,  subject  to  the  right  of  appeal  herein  provided,  to  stop 

19  the  use  or  the  erection  of  such  building,  to  direct  such  arrange* 

20  ments  to  be  made  and  to  restrain  further  work  upon  the  bnild* 

21  ing  until  they  are  made. 

22  §  225.  All  plans  for  public  sewers  and  drains  shall  be  sub- 

23  mitted  to  the  health  officer  for  his  approval  before  contracts  are 

24  let  for  the  construction  of  the  same,  and  in  case  of  his  refusal  to 

25  approve  the  same  such  drains  and  sewers  shall  not  be  constructed 

26 


D 


14 


54 


1  unless  on  appeal  to  the  commissioner  of  health  he  shall  approve 

2  the  same. 

3  §  226.  The  commissioner  shall  divide  the  city  into  not  less  than 

0 

4  two  nor  more  than  seven  districts,  to  he  known  as  health  districts* 

V 

5  and  shall  file  with  the  city  clerk  a  written  designation  of  such  dis» 

6  tricts;  and  he  may  from  time  to  time  alter  such  districts  by  filing 

7  with  the  clerk  a  written  designation  of  such  alteration. 

8  §  227.  The  commissioner  shall  appoint  to  hold  office  during  higf 

9  pleasure,  a  health  physician  for  each  of  such  districts,  who  shall 
10  perform  such  duties  as  he  may  direct  or  prescribe.  Their  com¬ 
il  pensation  shall  be  fixed  by  the  commissioner  subject  to 

§ 

12  the  approval  of  the  board  of  estimate  and  apportionment.  The 

13  deputy  health  officer  and  health  physicians  shall  render  medical 

14  services  to  indigent  sick  persons  under  the  direction  of  the  health 

15  officer  and  of  the  proper  poor  officers  of  the  city,  whether  such  sick 

40  persons  are  or  are  not  inmates  of  alms-houses,  hospitals  or  other 

\ 

17  public  institutions  of  the  city. 

43  §  228.  The  commissioner  is  authorized,  under  the  advice  of  the 

1 9  corporation  counsel,  in  the  name  of  the  city,  to  maintain  actions  to 
2,)  restrain  the  threatened  performance  of  any  act  contrary  to  it» 
9]  orders,  directions,  decisions  or  ordinances  and  to  restrain  and 
29  abate  nuisances;  and  for  the  purpose  of  obtaining  a  temporary 
23  injunction  in  any  such  action  no  undertaking  shall  be  required. 

9  j_  §  229.  In  case  of  great  and  imminent  peril  to  the  public  health 
2-  of  the  city  by  reason  of  impending  pestilence,  it  shall  be  the  duty 

20  of  the  commissioner,  with  the  sanction  of  the  common  council,  if  it 


55 


1  be  practicable,  to  convene  that  body  for  promplj  action,  or  if  not, 

2  when  approved  by  the  board  of  estimate  and  apportionment,  to 

3  take  such  measures,  and  do,  order,  or  cause  to  be  done,  such  act*, 

✓ 

'  ■  -  A  ‘  J 

4  and  to  make  such  extraordinary  expenditures  in  excess  of  the  sum 

5  appropriated  to  the  department  of  health,  as  in  this  act  provided, 

6  for  the  preservation  and  protection  of  the  public  health  as  he  may 

7  deem  necessary  and  proper.  Such  peril  to  public  health  shall  be 

8  deemed  to  exist  only  when  and  for  such  period  as  the  eoinmis- 

9  sioner  and  Uie  board  of  estimate  and  apportionment  by  unanimous 

10  vote  shall  determine  and  by  proclamation  declare. 

11  §  230.  Any  officer  or  member  of  the  department  may  be  removed 

12  by  the  commissioner  upon  charges  affecting  his  conduct  or  char- 

13  aeter  or  his  competency  or  capacity  to  discharge  his  duties,  after 

* 

14  a  hearing  upon  such  changes  or  an  opportunity  to  be  heard  after 

15  notice  thereof.  The  trial  upon  such  charges  shall  be  publicly 

16  conducted,  according  to  rules  and  regulations  adopted  and 

17  promulgated  by  the  commissioner;  and  for  the  purpose  of  such 

18  trials,  the  commissioner  may  issue  subpoenas  for  witnesses  and 

19  compel  their  attendance.  In  case  an  officer  or  member  is  found 

20  guilty  upon  charges  affecting  his  conduct  or  character,  instead 

21  of  removing  him,  the  commissioner  may,  in  his  discretion,  bus- 

22  pend  him  from  pay  in  the  department  for  some  definite  time,  or 

23  impose  upon  him  a  fine  not  exceeding  fifty  dollars.  The  decision 

24  of  the  commissioner  shall  be  final  and  conclusive  and  not  subject 

25  to  review  by  any  court. 


1  §  231.  The  public  health  law,  so  far  as  it  pertains  to  cities,  shall 

2  be  applicable  to  cities  of  the  second  class,  except  as  herein  ex- 

3  pressly  modified. 

4  ARTICLE  VII. 

5 

DEPARTMENT  OF  PUBLIC  INSTRUCTION. 

6  §  240.  The  department  of  public  instruction  shall  continue  as 

7  provided  by  law. 

8  §  241.  The  commissioners  may  appoint,  to  hold  office  during 

9  pleasure,  such  subordinates  as  may  be  prescribed  by  the  board 

10  of  estimate  and  apportionment.  In  case  of  vacancy  in  the  office 

11  of  commissioner  of  education,  the  mayor  shall,  within  ten 

12  days,  fill  the  vacancy  by  appointment  for  the  remainder  of  the 

13  term. 

14  §  242.  The  commissioners  shall  appoint  a  suitable  person 

• . 

15  superintendent  of  schools  in  the  city,  who  shall  exercise  the 

j 

10  powers  and  discharge  the  duties  hereinafter  defined,  and  shall 
1^  be  allowed  such  compensation  for  his  services  as  the 

18  commissioners  may  determine.  They  shall  also  appoint, 

19  from  time  to  time,  such  other  employes,  including  teachers 

i  ! 

20  and  attendance  officers  as  the  school  system  may  require, 

21  and  fix  the  amount  of  their  compensation.  They  shall  have  the 

22  care,  custody  and  safe  keeping  of  all  school  property,  real  and 

23  personal;  and  shall  make  rules  and  regulations  for  the  gov- 

24  eminent  of  the  schools  and  its  employes  except  as  hereinafter 

25  provided;  prescribe  courses  of  study  and  text-books;  supply  the 

26  requisite  text-books  and  stationery  for  the  use  of  indigent  pupils; 


1 

2 

3 

4 

5 

0 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

2  i 

9-; 

>■**  — w 

23 

2  lj 

25 

2  5 


57 


provide  the  several  schools  with  the  necessary  school  apparatus, 
maps  and  music-books,  the  expense  thereof  to  be  defrayed  out  of 
the  school  moneys  of  the  city. 

§  243.  The  commissioners  shall  have  ail  the  powers  and  are 
charged  with  ail  the  duties  of  commissioners  of  common  schools, 
and  of  trustees  of  the  several  school  districts  in  this  state,  under 
the  general  statutes  relating  to  common  schools,  so  far  as  such 

powers  and  duties  can  be  made  applicable  to  the  schools  herein 

•• 

provided  for,  and  are  not  inconsistent  with  the  provisions  of  this 

riCt. 

§  244.  The  superintendent  of  schools  shall  hold  office  during 
&ood  behavior,  or  until  by  age  or  disease  he  become  permanently  in- 
capacitated  to  discharge  his  duties  of  the  commissioner.  Any 
person  may  prefer  charges  of  incompetency,  maladministration 
or  misconduct  in  office  against  the  superintendent,  and  thereupon 
the  commissioners  shall  proceed  to  hear  the  charges,  and  in  case 
the  same  shall  be  sustained  the  superintendent  may  be  dismissed 
from  his  office.  The  decision  of  the  commissioner  shall  be  final 
and  conclusive,  and  not  subject  to  review  by  any  court. 

§  245.  The  superintendent  has  power  and  it  is  his  duty  to  see  that 

* 

all  rules  and  regulations  of  the  commissioners  are  complied  with 

•  \ 

by  the  principals  and  teachers;  to  determine  the  different  grades  of 
study  which  shall  be  pursued  in  the  various  departments  of  the 
several  schools;  to  transfer  teachers  from  one  school  to  another, 
or  from  one  grade  to  another,  to  suspend  any  teacher  temporarily 
I).  15 


58 


1  for  cause;  provided,  however,  that  the  reasons  for  such  suspension 

2  shall  be  immediately  transmitted  to  the  commissioners  in  writing; 

3  to  transfer  pupils  from  one  school  to  another;  to  prescribe  rules 

*  •  *■  i  1  ... 

4  and  regulations  for  the  admission,  examination  and  promotion  of 

5  pupils. 

a  §  246.  All  assistant  teachers  shall  be  appointed  for  a  proba- 
|  tionary  period  of  one  year,  at  the  expiration  of  which  term,  unless 

8  satisfactory  evidence  of  incompetency  is  submitted  by  the  superin- 

•> 

9  tendent,  the  probationer  may  be  appointed  by  the  commissioners 
10  and  thereafter  such  teacher  shall  hold  the  position  during  good  be¬ 
ll  havior  and  shall  be  removable  only  for  cause,  after  a  hearing  by  the 

12  commissioners.  All  probationary  appointments  shall  be  made 

13  from  the  head  of  a  merit  list,  upon  which  the  names  of  all  eligible 

14  candidates  for  appointment  as  assistant  teachers  shall  appear  in 

15  the  order  of  their  rank  in  scholarship  and  qualifications  for  teach- 

16  ing;  and  it  shall  be  the  duty  of  the  commissioners  to  prescribe  by 

17  rules  not  inconsistent  with  the  laws  of  the  state,  the  means  of  de¬ 
ls  termining  such  rank  in  scholarship  and  qualifications.  All  prin- 

cipals  and  teachers  shall  hold  their  positions  during  good  behavior 

z,7  and  shall  be  removable  only  for  cause,  after  a  hearing  by  the  com- 

« 

21  missioners.  The  decision  of  the  commissioners  shall  be  final  and 

22  conclusive  and  not  subject  to  review  by  any  court. 

03  §  247.  Whenever  in  the  opinion  of  the  commissioners  any  r  epairs 

24  are  needed  to  the  public  school  buildings  in  the  city,  they  shall  call 

25  upon  the  commissioner  of  public  works  to  make  such  repairs  under 

26  their  direction  .  They  shall  recommend  to  the  common  council,  when 


59 


1 

2 

3 

4 

5 

6 

w 

i 

8 

9 

10 

11 

12 


13 


14 


15 

16 

17 

18 

19 

20 
2L 


22 


23 


in  their  opinion  the  public  interests  require,  the  sale  of  any  school- 
house,  the  purchase  of  any  land  or  building  for  a  school-house, 
and  the  purchase  of  any  supplies  or  furniture  for  the  schools,  and 
the  purchase  of  any  books  for  the  school  libraries;  and  when 
authorized  thereto  bv  an  ordinance  of  the  common  council,  the 
board  of  contract  and  supply  may  make  such  sale,  purchase  or 
lease  in  the  manner  in  this  act  provided;  and  they  may  recommend 
to  the  common  council  the  erection  of  any  school  building  accord¬ 
ing  to  plans  prepared  under  their  direction;  and  when  authorized 
thereto  by  an  ordinance  of  the  common  council,  the  department  of 

public  works  shall  erect  such  buildings  in  the  manner  and  upon 

^  * 

the  conditions  prescribed  in  this  act. 

§  248.  The  commissioners  of  education  shall  have  power,  and  it 
shall  be  their  duty  as  soon  as  practicable  after  their  appointment, 
to  divide  the  city  into  five  inspection  districts,  which  districts  must 
be  contiguous  and  as  nearly  as  may  be  of  equal  population,  and  at 
once  upon  the  making  of  such  inspection  districts,  maps  of  the 
same  duly  authenticated  by  the  commissioners  shall  be  filed  in  the 
office  of  the  city  clerk.  Such  divisions  shall  remain  and  constitute 

the  inspection  districts  of  the  city  during  a  period  of  at  least  two 

\ 

years.  Two  years  after  the  first  division  of  the  city  into  inspection 
districts,  the  successors  in  office  of  the  first  commissioners  of  edu¬ 
cation  after  this  act  takes  effect  may,  within  thirty  days  after 


their  election,  file  a  certificate  with  the  city  clerk  adopting  the  exist- 

24 

ing  division  of  inspection  districts,  or  make  such  changes  as  to  them 

25 

shall  seem  proper,  in  the  same  manner  and  subject  to  the  same 


26 


60 


X  regulations  as  hereinbefore  provided.  The  major  within  thirty 

2  days  after  the  beginning  of  hisi  term,  shall  appoint  five  inspectors 

3  of  common  schools  from  the  city  at  large,  at  least  two  of  whom 
4.  shall  be  women,  who  shall  take  office  immediately  after  their  ap- 
5  pointment,  and  hold  office,  one  for  the  term  of  one  year,  one  for 
0  the  term  of  two  years,  one  for  the  term  of  three  years,  one  for  the 

7  term  of  four  years  and  one  for  the  term  of  five  years.,  and  within 

8  ten  days  after  the  expiration  of  each  succeeding  term  in  every  year 

9  thereafter,  the  mayor  shall  appoint  one  inspector  of  common 

1 0  schools  from  the  city  at  large  to  take  office  forthwith,  and  to  hold 

1 1  office  for  the  full  term  of  five  years.  Any  vacancy  in  said  office  of 

12  inspector  of  common  schools  by  death,  resignation  or  otherwise, 

1 3  shall  be  filled  by  the  mayor  for  the  unexpired  term.  Such  inspect- 

~  | 

14  ors  shall  be  assigned  by  the  mayor  to  one  of  the  five  inspection 

15  districts  and  they  shall  serve  without  compensation. 

16  §  249.  Any  inspector  of  common  schools  may  be  removed  by  the 
1**  mayor  upon  proof  either  of  official  misconduct  in  office,  or  of  will* 

i 

18  ful  neglect  of  official  duties  therein,  or  of  conduct  in  any  manner 

19  connected  with  his  or  her  official  duties,  or  otherwise,  which  tends 

20  to  discredit  his  or  her  office  or  the  school  system,  or  of  physical  or 

21  mental  inability  to  perform  his  or  her  duties  as  such  inspector. 

22  But  before  such  removal  such  inspector  shall  receive  due  and 

23  timely  notice  in  writing  of  and  a  copy  of  all  charges  against  him  or 

24  her  and  shall  be  entitled  to  a  hearing  on  like  notice  before  the 

25  mayor. 


61 


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2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 

25 


§  250.  The  duties  of  the  inspectors  of  common  schools  are  con- 
stituted  and  fixed  as  follows,  and  not  otherwise:  It  shall  be  the 
duty  of  the  inspectors  of  common  schools  in  their  respective  dis¬ 
tricts  to  examine  at  least  once  in  every  quarter  all  the  schools  in 
the  district  in  respect  to  punctual  and  regular  attendance  of  the 
teachers  and  pupils,  the  fidelity  and  competency  of  the  teachers, 
progress,  order  and  discipline  of  the  pupils;  the  cleanliness,  safety, 
warming,  ventilation  and  comfort  of  the  school  premises,  and 
whether  or  not  the  provision  of  the  school  laws  in  respect  to  the 
teaching  of  secular  doctrines,  or  the  use  of  secular  books  have  been 
violated,  and  to  call  the  attention  of  the  commissioners  of  education 
without  delay  to  any  matters  requiring  official  investigation.  They 
shall,  on  or  before  the  first  day  of  January,  April,  July  and  October 
of  each  year,  make  a  written  report  to  the  commissioners  of  educa¬ 
tion  in  respect  to  the  condition  of  the  schools,  the  efficiency  of  the 
teachers,  and  wants  of  the  districts,  especially  in  regard  to  schools 
and  school  premises.  The  inspectors  appointed  ishall  organize 
forthwith  after  their  appointments,  by  the  election  of  a  ch«-i  i ruin  n 
and  secretary,  and  shall  meet  as  often  as  may  be  necessary  for  the 
prompt  performance  of  all  duties  imposed  upon  them,  and  for  the 
discussion  of  all  matters  which  may  come  to  their  attention. 

§  251.  All  public  moneys  apportioned  or  appropriated  to  or  for 
the  city,  or  to  or  for  any  of  the  school  districts  therein,  or  for 
the  school  libraries,  shall  be  paid  by  the  proper  officers  to  the 
treasurer,  and  in  the  accounts  kept  by  him  shall  be  credited  to 


26 


D. 


10 


X  the  department  of  public  instruction  and  paid  out  by  him  upon 

2  bills  properly  allowed  and  audited  in  the  same  manner  as  obtains 

3  in  the  case  of  other  bills  against  the  city. 

4  §  252.  All  officers,  principals  and  teachers  connected  with  the 

t 

5  public  schools  when  this  act  takes  effect,  shall  remain  and  continue 
3  in  their  respective  positions  until  their  positions  shall  become 
-  vacant  by  death,  resignation,  or  by  removal  under  the  procedure 
g  hereinbefore  set  forth. 

9  !  ARTICLE  VIII. 

10  DEPARTMENT  OF  ASSESSMENT  AND  TAXATION. 

11  ASSESSORS. 

* 

12  Section  260.  There  shall  be  four  assessors.  They  shall  be  elected 

13  at  the  city  election  at  the  same  time  as  the  mayor,  two  for  two 

14  years,  and  two  for  four  years;  and  thereafter,  at  the  expiration  of 

1 5  the  term  of  office  of  the  two  assessors  chosen  for  that  period,  two 
1 0  successors  shall  be  elected  for  the  full  term  of  four  years.  In  case 


17  of  a  vacancy  in  the  office  of  assessor,  the  mayor  shall  fill  the  va- 
4g  vancy  by  appointment  for  the  remainder  of  the  term.  They  shall 
19  appoint,  to  hold  office  during  their  pleasure,  such  assistants  or 
9. ,  subordinates  as  the  board  of  estimate  and  apportionment  shall 
9 ,  prescribe. 

4- 

99  §  261.  They  shall  perform  the  duties  and  possess  the  powers 

Oo  conferred  upon  assessors  in  the  towns  of  the  state,  and  be  subject 
2  to  all  their  obligations;  and  they  shall  also  perform  all  the  duties 
0.  specified  in  this  act  in  reference  to  the  assessment  of  property. 
4>,,  For  the  purpose  of  levying  the  taxes  they  shall  make  an  assess¬ 
or  ment-roll  for  each  ward.  On  completing  the  rolls,  which  shall 

Zt  1 


63 


1  be  on  or  before  the  first  day  of  September  in  each  year,  they  shall 

2  leave  them  in  their  office;  and  they  shall  then  give  notice,  by 

3  posting  hand-bills  and  publishing  in  the  official  papers,  that  the 

4  rolls  are  completed  and  left  in  their  offices  where  the  same  may 

5  be  seen  and  examined  by  any  person  for  the  next  twenty  days 

6  and  that  the  assessors  will  attend  during  that  time  to  review  the 

7  assessments  in  the  same  manner  as  the  assessors  in  towns. 

8  §  262.  In  the  assessment  of  any  lands  in  the  city,  it  is  sufficient 

9  to  state  the  name  of  one  of  the  owners  of  such  lands,  if  the  owner 

10  or  owners  be  residents  of  the  city,  or  of  the  occupants  if  the 

11  owner  or  owners  be  non-residents,  the  lot  and  block  on  which  it  is 

12  situated,  if  the  same  be  subdivided  into  lots  and  blocks,  or  the 

13  number  of  the  lot  or  farm  lot  if  not  so  subdivided  into  blocks  and 

14  lots,  and  designated  upon  the  city  map  last  adopted  by  the  com- 

15  mon  council,  and  also  the  street  and  number  of  any  building 

16  thereon;  but  if  the  land  be  vacant  or  the  building  thereon  not 

17  numbered,  then  the  name  of  the  street  on  which  it  fronts  and  a 

» 

18  brief  description  of  the  premises  shall  be  given.  In  case  no 
inhabited  building  be  on  the  land  and  the  residence  of  the  owner 

2Q  be  unknown,  such  owner  may  be  designated  as  unknown.  No 
assessment  hereafter  made  in  said  city  shall  be  held  to  be  invalid 

92  because  the  same  may  be  made  out,  in  terms,  against  owner  or 

93  owners  unknown,  or  the  estate  of  a  deceased  person  (naming  such 
person),  or  the  executor,  administrator,  heirs  or  devisees  of 

r  a  deceased  person,  (naming  such  person),  or  against  a  company  or 
firm  name,  or  against  a  person  in  whom  is  the  record  title,  though 


64 


1 

2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 
19 


20 


91 

-*-•  JL 


22 


no 

A jO 


24 


not  the  actual  title  of  the  property,  or  for  any  cause  arising  through 
ignorance  or  mistake  as  to  the  name  of  the  owner  or  owners  of  the 
property  assessed,  whether  individual  or  a  corporation,  provided 
that  such  property  is  sufficiently  described  on  the  assessment-rolls 
to  identify  and  indicate  the  particular  property  which  it  was  in¬ 
tended  to  assess.  Every  assessment-roll  shall  be  considered  as  re¬ 
ferring  to  the  last  adopted  map  unless  it  be  otherwise  stated 

i 

therein. 

§  263.  During  the  time  the  assessors  are  reviewing  and  cor¬ 
recting  the  rolls,  they  have  power  to  add  to  or  insert  in  any  roll 
any  property  liable  to  assessment  which  may  have  been  by  mis¬ 
take  omitted  from  such  roll,  upon  giving  personal  notice  to  the 
owner  or  agent  of  the  property  at  least  two  days  prior  to  adding 
the  same,  and  an  opportunity  to  be  heard  in  reference  thereto. 
At  the  end  of  the  twenty  days  they  shall  cease  to  correct  and 
review  the  rolls;  and  they  shall,  within  twenty  days  thereafter, 
subscribe,  verify  and  deliver  the  same  to  the  city  clerk,  to  be 

i 

filed  by  him  in  his  office,  and  a  duplicate  of  the  roll  of  each  ward 
shall  be  delivered  by  the  clerk  to  the  supervisor  of  the  ward,  to 
be  by  him  delivered  to  the  board  of  supervisors  of  the  county  in 
which  the  city  is  located. 

§  264.  The  assessor  office  shall  be  open  daily,  except  Sundays 
and  legal  holidays,  from  ten  o’clock  in  the  forenoon  to  five  o’clock 

a*  !  « 

in  the  afternoon,  during  which  time  one  of  the  assessors,  or  their 
clerk,  shall  be  in  attendance. 


i 


65 


1  §  265.  The  books,  maps,  assessment-rolls  and  papers  pertaining 


2  to  the  office  of  the  assessors  are  public  records,  and  at  all  reason* 

"N  '  ) 

3  able  times  shall  be  open  to  public  inspection  in  their  office. 

* 

4 

TAXES  AND  ASSESSMENTS. 

§  275.  The  board  of  supervisors  of  the  county  in  which  the  city 

6  is  situated,  shall  deal  with  the  assessment-rolls  returned  to  it' 

•  i 

7  from  the  several  wards  as  herein  provided,  in  the  manner  required 

8  by  the  general  laws  of  the  state,  except  that,  instead  of  annexing 

9  to  the  assessment-roll  of  each  ward  separately  a  warrant  for  the 

10  collection  of  the  taxes,  it  may,  in  its  discretion,  combine  all  the 

11  rolls  from  the  several  wards  into  one  roll  and  annex  thereto  a 

12  single  warrant,  and  except  further  that  the  warrant  or  warrants 

13  must,  before  the  first  day  of  January  in  each  year,  be  directed 

14  and  delivered  to  the  city  treasurer  commanding  him  to  collect 

15  the  taxes. 

16  §  276.  Whenever  the  common  council  shall  determine  the 

17  amount  of  money  to  be  raised  for  city  purposes,  the  city  clerk 
13  shall,  upon  duplicates  of  the  rolls  filed  with  him  by  the  assessors, 
19  apportion  the  amount  of  such  money  in  the  same  manner  as  is 

2  )  above  provided  in  reference  to  the  rolls  returned  to  the  board  of 

\  ■  / 

21  supervisors;  and  after  he  has  made  such  apportionment  and  com- 

* 

22  pleted  such  rolls  in  the  manner  required  as  to  tax  rolls  of  towns, 

23  he  shall,  if  the  common  council  so  determine,  combine  all  the 

* 

04  rolls  from  the  several  wards  into  one.  Thereafter  at  a  time  to  be 
25  specified  in  such  ordinance,  the  mayor  shall  annex  to  each  of  the 


26 


D. 


17 


66 


1  rolls,  or  to  the  combined  roll,  in  case  all  the  rolls  shall  be  com- 

•  ‘.vf! .  '  Vi  •*/' ;  V-  /,  $  r 

2  bined,  a  warrant  under  his  hand  and  the  seal  of  the  city  directed 

3  to  the  city  treasurer  commanding  him  to  collect  from  the  several 

*  . 

4  persons  named  in  the  assessment-roll,  the  several  sums  mentioned 

5  in  the  last  column  of  such  roll  opposite  their  respective  names. 

6  §  277.  The  city  treasurer,  after  he  has  received  any  warrant 
for  the  collection  of  the  taxes  in  the  two  prior  sections  named, 

8  shall  have,  except  as  herein  otherwise  provided,  under  and  by 

9  virtue  of  the  same,  all  the  powers  and  be  charged  with  all  the 

'  •  f 

10  duties  of  town  collectors  under  the  general  laws  of  the  state. 

11  In  addition  to  the  notices  required  by  such  laws  to  be  posted, 

12  the  treasurer  shall  immediately  after  the  receipt  by  him  of  the 

13  warrant  for  the  collection  of  such  taxes  publish  a  notice  in  the 

14  official  newspapers  of  the  city  for  thirty  days  that  he  will  attend 

15  at  his  office  to  receive  the  taxes  which  he  is  commanded  to  collect. 

10  §  278.  The  common  council  shall  by  ordinance  fix  the  time 

17  within  which  taxes  shall  be  payable  without  any  fee  or  charge 

18  of  any  kind,  and  may  provide  for  a  rebate  of  any  tax,  not  exceed- 

19  ing  one  per  centum  thereof,  as  a  premium  for  prompt  payment. 

20  On  all  taxes  remaining  unpaid  after  the  expiration  of  the  time 

21  so  fixed  by  the  common  council,  the  treasurer  shall  collect  five 

22  per  centum  additional ;  and  all  such  taxes  shall  bear  interest  there- 

23  after  at  the  rate  to  be  fixed  by  the  common  council  not  exceeding 

24  one  per  centum  per  month;  and  such  interest  in  addition  to  the 

25  five  per  centum  shall  be  collected  by  the  treasurer,  by  virtue 


r 


I 


67  ; 

1  of  his  warrant,  which  percentage  and  interest  shall  belong  to 

2  the  city. 

$  §  279.  In  addition  to  all  the  other  remedies  for  collection  of 

4  city  taxes,  the  treasurer  may,  in  the  name  of  the  city,  sue  for  and 

5  recover,  in  an  action  against  any  person  liable  therefor,  all  taxes 

'  / 

g  which  remain  unpaid  after  the  time  fixed  by  the  common  council 
f  within  which  taxes  shall  be  payable  without  any  fee  or  charge 
g  of  any  kind.  But  a  judgment  in  such  action  in  favor  of  the  city, 
9  until  it  has  been  satisfied,  shall  not  bar  any  other  remedy  for  the 
10  collection  of  the  tax,  nor  operate  to  release  any  lien  thereof. 

21  §  280.  If,  after  the  expiration  of  the  time  fixed  by  the  common 

12  council  within  which  taxes  shall  be  payable  without  any  fee  or 

1 3  charge  of  any  kind,  any  taxes  which  the  treasurer  is  required  to 
44  collect  by  virtue  of  any  warrant,  remain  unpaid,  the  treasurer 

i 

15  may  issue  to  one  or  several  of  the  city  marshals  a  warrant  under 

13  his  hand  and  the  seal  of  the  city,  in  substantially  the  same  form 
17  as  that  issued  to  him,  commanding  the  marshal  to  whom  any 
IS  such  warrant  may  be  directed  to  collect  the  taxes  in  such  warrant 

19  mentioned;  and  in  the  collection  of  such  taxes,  every  marshal 

20  shall  have  all  the  powers  of  the  treasurer  by  virtue  of  the  war- 

2 1  rants  issued  to  him.  The  marshal  shall  daily  pay  to  the  treasurer 

■  % 

22  all  the  taxes  collected  by  him,  and  he  shall  be  entitled  to  collect 
9.3  and  receive  to  his  own  use  the  five  per  centum  payable  upon  such 

1 4  taxes,  and  he  shall  receive  no  other  compensation  for  the  duties 
25  discharged  by  him  under  his  warrant. 


68 


1  3  §  281.  The  treasurer  shall  daily  deposit  all  taxes  received  by 

2  him  in  the  bank  or  banks  designated  as  herein  provided  for  the 

3  deposit  of  city  moneys;  and  when  any  moneys  thus  deposited 

4  shall  become  payable  to  the  county  treasurer  the  same  shall  be 

5  paid  by  draft  drawn  and  countersigned  as  herein  provided  for 

•  t 

6  drawing  city  money  from  the  same  banks. 

^  §  282.  The  common  council  of  the  city  may  determine  whether 

g  the  city  taxes  shall  be  payable  and  collected  at  the  same  time 
9  with  the  taxes  for  state  and  county  purposes,  or  whether  they 

10  shall  be  payable  and  collected  at  a  different  time,  and  at  what 

11  time  in  each  year. 

12  §  283.  Every  tax  against  any  real  estate  shall  be  a  first  lien 

13  thereon  from  the  time  of  the  issuing  of  the  warrant  to  the  trena¬ 
il  urer  for  the  collection  thereof. 

LOCAL  IMPROVEMENTS. 

15 

§  294.  The  city  assessors  in  making  their  assessments  for  the  ex¬ 
penses  of  local  improvements  upon  real  estate  benefited  thereby. 
IT  • 

shall  make  a  roll  containing  all  of  such  real  estate,  with  a  descrip¬ 
tion  thereof  and  the  names  of  the  owners,  so  far  as  they  can 

19 

ascertain  the  same.  If  they  '.can  not  ascertain  such  names  such 

90 

owners  may  be  described  as  unknown;  and  they  may  at  any  time, 

2  L 

■m 

upon  the  application  of  the  city  treasurer,  or  of  any  person  inter- 

22 

ested  in  the  real  estate,  correct  any  description  or  name  contained 

23 

in  the  roll. 

21 

§  295.  After  the  assessors  have  completed  the  roll  they  shall 

25 

publish  in  the  official  newspapers  of  the  city,  for  two  weeks,  a 


26 


69 


1  notice  that  the  roll  has  been  completed,  and  can  be  seen  and 

2  examined  at  their  office  in  business  hours  during  that 

3  time;  and  that  during  that  time  they  will  hear  all  persons 

4  claiming  to  be  aggrieved  by  the  assessment,  and  they  shall  also 

5  serve  by  mail  upon  each  owner  of  property  assessed,  addressed  to 

6  said  owner  at  his  last  known  place  of  residence,  a  notice  of  the 

j 

T  assessment  containing  a  copy  of  the  ordinances  directing  the  im- 

r* 

8  provement,  and  stating  also  the  amount  of  the  assessment  and 

9  the  time  and  place  of  hearing.  After  such  hearing,  which  must  be 

10  completed  within  that  time,  they  shall  correct  such  roll,  if  it  need 

11  correction,  and  verify  it,  and  then  file  it  in  the  office  of  the  city 

12  clerk. 

13  §  296.  Any  person  conceiving  himself  aggrieved  by  such  assess- 

14  ment  may,  within  five  days  after  the  expiration  of  such  two  week*, 

15  appeal  therefrom  to  the  board  of  estimate  and  apportionment 

16  by  serving  a  notice  of  appeal  upon  the  city  treasurer,  and  filing  a 
IT  copy  of  such  notice  with  such  board.  The  board  shall  then  give 

18  notice  by  publication  in  the  official  newspapers  of  the  city  of  the 

19  time  when  the  appeal  will  be  heard;  and  it  shall  regulate  the 

20  course  of  procedure  upon  such  appeal.  After  hearing  the  appeal 

21  it  may  affirm,  modify,  and  affirm  as  modified,  the  assessment, 

22  <>r  set  the  same  aside  and  order  a  new  assessment.  If  it  shall 

23  affirm  the  assessment  as  made  or  as  modified,  then  it  shall  file  the 

24  assessment-roll  as  finally  completed  in  the  office  of  the  city  clerk. 


25 


D. 


18 


70 


1  §  297.  After  the  completion  of  the  assessment-roll  by  the  asset*- 

2  sors,  in  case  there  shall  be  no  appeal,  or  after  the  completion  of  the 

3  roll  upon  the  appeal  as  above  provided,  the  mayor  shall  annex 

4  to  a  duplicate  thereof  a  warrant  directed  to  .the  city  treasurer 

5  commanding  him  to  collect  the  assessment  therein  mentioned,  and 

6  then  the  assessments  shall  be  first  liens  upon  the  real  estate 

7  against  which  they  are  made. 

8  §  298.  The  treasurer  shall  then  publish  a  notice  in  the  official 

9  newspapers  of  the  city  for  thirty  days  that  he  will  during  that 

10  time,  at  his  office,  receive  payment  of  the  assessments;  and  all 

1 1  assessments  paid  within  that  time  shall  be  received  by  him  with- 
1  2  out  any  addition  thereto.  Upon  all  assessments  paid  within  thirty 
1 3  days  thereafter,  he  shall  collect  in  addition  thereto  the  sum  of  two 
24  per  centum  upon  the  amount  thereof. 

15  §  299.  After  any  assessment  for  a  local  improvement  has  been 

1  0  completed  as  herein  provided,  the  common  council  may  provide  by 
17  ordinance  for  the  payment  of  any  portion  thereof  in  installments 
15  from  time  to  time;  and  by  virtue  of  the  warrant  issued  to  him  a® 

19  above  provided,  the  treasurer  shall  collect  only  such  installments 

20  as  may  be  due;  and  upon  any  deferred  installments  when  the  same 

21  become  payable  he  shall  collect  and  receive,  in  addition  to  the 

22  amounts  due  upon  the  assessments,  interest  at  the  rate  of  six  per 

23  centum  from  the  date  of  the  issuing  of  the  warrant  to  him.  When 

24  any  installment  remains  unpaid  more  than  thirty  days  after  the 
95  same  became  payable,  the  treasurer  shall  collect  and  receive  in 
90  addition  to  the  interest  thereon  the  sum  of  five  per  centum  thereon. 


71 


1  But  at  any  time  when  an  installment  is  due,  it  shall  be  optional  with 

2  the  person  liable  to  pay  the  assessment  to  pay  in  addition  to  such 

3  installment,  all  the  remaining  installments  with  accrued  interest. 

TAX  AND  ASSESSMENT  SALES. 

5  §  308.  The  common  council  may,  by  ordinance  direct  that  after 

6  any  city  tax  or  any  assessment  for  a  local  improvement  upon  real 

7  estate  has  remained  due  and  unpaid  for  at  least  sixty  days,  the 
3  treasurer  proceed  to  sell  such  real  estate  for  the  payment  of 
9  such  tax,  or  assessment,  and  all  percentage  and  interest  which 

10  has  become  payable  thereon. 

11  §  309.  The  treasurer  shall  immediately,  after  receiving  such 

1 2  direction,  publish  in  the  official  newspapers  of  the  city,  for  thirty 

13  days,  a  list  of  the  parcels  of  land  charged  with  any  unpaid  city 

14  taxes,  assessments,  percentages  and  interest,  describing  each 

15  parcel  according  to  the  description  contained  in  the  assessment* 

16  roll,  with  a  notice  that  each  of  the  parcels  of  land  will,  on  a  day, 

1 7  within  ten  days  after  the  expiration  of  the  thirty  days  to  be  sped- 

18  fied  in  the  notice,  be  sold  at  public  auction,  at  his  office,  to  pay  the 

19  tax  or  assessment  and  the  percentages  and  interest  which  may  be 

20  due  thereon  at  the  time  of  sale.  The  charge  for  publishing  such 

21  notice  shall  not  be  more  than  one  dollar  to  each  newspaper  pub- 

22  lishing  the  same  for  each  parcel  of  land  described  in  the  notice. 

23  At  the  time  and  place  stated  in  the  notice,  the  treasurer  shall 

24  commence  the  sale  of  such  parcels  of  land,  and  shall  continue  the 

25  sale  from  day  to  day,  until  all  shall  be  disposed  of. 


72 


1  §  310.  The  purchasers  on  such  sales  shall  pay  the  amounts  of 

2  their  respective  bids  to  the  treasurer  immediately  after  each  par- 

3  cel  shall  be  struck  off.  In  case  a  purchaser  shall  fail  thus  to  pay 

4  the  amount  of  his  bid,  the  treasurer  shall  forthwith  offer  the  par- 

5  cel  for  sale  again,  and  proceed  as  though  it  had  not  been  struck 

6  off.  Should  there  be  no  bid  of  the  amount  due  on  any  parcel  of 

7  land  to  be  sold,  then  the  treasurer  shall  bid  in  the  same  for  the  city, 

8  and  the  city  is  hereby  authorized  to  acquire  such  property.  As 

9  soon  as  practicable  after  any  sale,  the  treasurer  shall  prepare  and 

10  execute  in  duplicate  as  to  each  parcel  sold,  a  certificate  of  such 

11  sale,  the  name  of  the  purchaser,  the  sum  paid  therefor,  the  amount 

12  due  thereon  at  the  time  of  sale,  including  the  expenses  of  the  sale, 

13  and,  if  known,  the  name  of  the  person  or  persons  against  whom  the 

14  tax  was  assessed  or  upon  whose  land  the  assessment  was  imposed, 

15  and  the  name  of  the  present  reputed  owner  thereof.  One  of  the 
Ig  duplicates  shall  be  delivered  to  the  purchaser,  or,  in  case  the  par- 

17  cel  was  struck  off  to  the  city,  then  it  shall  be  retained  by  the 

18  treasurer.  He  shall  deliver  the  other  duplicate  certificate  to  the 

19  clerk  of  the  county  wherein  the  city  is  situated,  who  shall  file  it 

20  his  office,  and  record  it  in  a  book  to  be  kept  for  that  purpose;  and 

21  he  shall  index  it  in  the  name  of  the  person  to  whom  the  parcel  was 

22  assessed,  the  name  of  the  reputed  owner  thereof,  and  in  the  name 

23  of  the  purchaser,  in  the  same  book  and  manner  as  deeds  are  re- 

24  quired  by  law  to  be  indexed. 

§  311.  If  from  any  cause  the  treasurer  shall  be  unable  to  at- 
tend  at  the  time  and  place  of  sale,  the  comptroller  may  conduct  the 


% 


73 


1  sale  with  the  same  force  and  effect  as  though  made  by  the  treas- 

2  urer. 

3  §  312.  The  proceeds  of  the  sale  of  each  parcel  shall  be  applied 

4  to  the  payment  of  the  expenses  of  the  sale  as  herein  provided,  and 

5  to  the  payment  of  the  tax,  assessment,  percentage  and  interest  for 

ft  \ 

6  which  it  was  sold;  and  if  there  shall  be  any  residue  the  treasurer 

7  shall  pay  the  same  to  the  person  entitled  thereto  at  the  time  of 

8  such  sale;  and  if  there  be  any  dispute  or  uncertainty  as  to  such 

* 

9  person,  then  such  person  shall  be  ascertained  in  the  same  manner 
10  and  by  the  same  proceeding  as  in  case  of  surplus  on  statutory 

77  foreclosure  of  a  mortgage  upon  real  estate. 

12  REDEMPTION. 

73  §  322.  The  owner  of,  or  any  person  interested  in,  or  having  a 

74.  lien  upon  any  parcel  of  land  so  sold  may  redeem  the  same  from 
75  such  sale  at  any  time  within  two  years,  by  paying  to  the  treasurer 
70  for  the  use  of  the  purchaser  or  his  assigns,  or  if  the  same  shall 
17  have  been  redeemed  by  any  person  other  than  the  owner  thereof, 

78  then  for  the  use  of  such  person,  the  sum  mentioned  in  the  certifi- 
70  cate  as  paid  for  the  land  at  the  sale,  with  interest  thereon  at  the 
2Q  rate  of  twelve  per  centum  per  annum  from  the  day  of  sale,  to* 
27  gether  with  any  tax,  assessment  or  water  rates  upon  such  parcel 

or  any  part  thereof  that  the  purchaser  or  his  assigns,  or  the  person 
23  before  redeeming,  shall  have  paid  between  the  day  of  sale  and 
the  day  of  redemption,  with  interest  at  the  rate  of  twelve  per 


25 


D. 


19 


74 


1  centum  per  annum  upon  such  tax,  assessment,  or  water  rate* 

2  from  the  time  of  payment. 

3  §  323.  At  least  two  months  before  the  expiration  of  the  time 

4  for  the  final  redemption  of  any  parcel  of  land  so  sold,  the  treasurer 

5  shall  commence  the  publication  of  a  notice  of  redemption  from 

6  such  sale,  which  shall  show  the  year  when  the  sale  took  place, 

7  and  the  last  day  for  the  redemption  of  the  land  not  already  re* 

8  deemed  by  the  owners,  without  other  or  further  description;  and 

9  such  notice  shall  be  published  for  six  successive  weeks  in  the  offi- 

10  cial  newspapers  of  the  city.  The  publication  of  such  notice  shall 

11  bar  and  preclude  any  and  all  persons,  except  the  purchaser  on 

12  such  sale,  or  his  heirs  or  assigns,  or  the  person  finally  redeeming, 

13  from  claiming  any  interest  in,  or  lien  upon  the  land  or  any  part 

14  thereof,  in  case  the  land  shall  not  be  redeemed  from  such  sale 

«> 

15  as  herein  provided. 

10  §  324.  Written  notice  shall  be  given  by  the  purchaser  of  any 

17  real  estate  sold  for  taxes  or  assessments  under  the  provisions  of 
Ig  this  act,  to  the  occupant,  owner  in  fee,  and  mortgagee  of  the  same 

19  property,  and  their  assigns,  the  record  of  whose  title  to,  interest 

20  in,  or  lien  upon,  such  real  estate  shall  be  in  the  office  of  the  county 

21  clerk  of  the  county  in  which  the  city  is  located,  at  least  three 

.  > 

22  months  before  the  expiration  of  the  time  for  redemption  as  fixed 

23  by  this  act,  and  the  time  for  such  redemption  shall  not  expire  until 

x,' 

24  three  months  after  such  notice  shall  have  been  given.  Such 

25  notice  must  be  addressed  to  the  person  or  persons  on  whom  it  is 

•  *, 

20  intended  to  be  served,  must  contain  a  brief  description  of  the  prop- 


1 

0 

JkJ 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

28 


75 


erty,  the  date  of  the  tax  assessment  sale,  the  amount  paid  by  tho 
purchaser  on  such  sale,  and  the  date  when  the  right  of  redemption 
shall  expire.  It  must  be  dated  and  signed  by  the  purchaser 
with  his  post-office  address.  The  notice  may  be  served  either 
personally  or  in  the  manner  required  by  law  in  respect  to  notice* 
of  nonacceptance  or  nonpayment  of  notes  or  bills  of  exchange, 
and  a  notarial  certificate  thereof  shall  be  presumptive  evidence 
of  the  fact;  for  the  purpose  of  such  notice  the  person  notified  shall 

4 

be  conclusively  presumed  to  reside  in  the  city,  unless  the  instru¬ 
ment  by  which  the  person  to  be  notified  claims  an  interest  in  the 
property  on  record  in  the  office  of  the  county  clerk,  specify  another 
place  of  residence,  and  then  the  place  so  specified  shall  be  deemed 

i  -  s 

to  be  his  residence. 

§  325.  If  any  parcel  of  land  so  sold  shall  not  be  redeemed  as 
herein  provided,  the  treasurer,  immediately  after  the  expiration 
of  the  two  years,  shall  execute  and  deliver  to  the  purchaser,  hi* 
heirs  or  assigns,  or  to  the  city  or  its  assigns,  or  to  the  person 
finally  redeeming,  as  the  case  may  be,  a  conveyance  of  the  real 
estate  so  sold,  which  conveyance  shall  vest  in  the  grantee  an 
estate  in  fee  subject  only  to  the  liens,  if  any,  of  unpaid  taxes, 
assessments  or  water  rates  thereon.  The  treasurer  executing 

such  conveyance  shall  be  entitled  to  demand  and  receive  from  the 

*  y 

grantee  one  dollar  for  preparing  every  such  conveyance. 

§  326.  Every  such  conveyance  shall  be  acknowledged  before 

some  officer  authorized  to  take  and  certify  acknowledgments  of 

» 

deeds;  and  the  conveyance  shall  be  conclusive  evidence  that  the 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

11 

15 

16 

17 

18 

19 

2u 

21 

22 

23 

2-1 

o  -T 

/_  ,  * 


sale  and  subsequent  proceedings  were  regular,  and  presumptive 
evidence  that  all  the  previous  proceedings  were  regular  and  ac¬ 
cording  to  law. 

§  327.  The  grantee  or  his  assigns,  or  the  city  oir  its  assigns,  as 
the  case  may  be,  shall  be  entitled  to  have  and  possess  the  granted 
lands  from  and  after  the  execution  of  such  conveyance,  and  may 
cause  the  occupants  of  such  lands  to  be  removed  therefrom  and 
the  possession  thereof  delivered  in  the  same  manner  and  by  the 
same  proceeding  and  by  and  before  the  same  officers,  as  in  the  case 

i 

of  a  tenant  holding  over  after  the  expiration  of  his  term  without 
permission  of  his  landlord. 

§  328.  Whenever  any  grantee  under  such  sale  shall  be  unable 
by  proper  legal  proceedings  diligently  instituted,  to  obtain  pos¬ 
session  of  the  land  conveyed  to  him  by  reason  of  any  error  or  ir¬ 
regularity  in  the  assessment  of  any  person  or  property,  or  in  the 
levying  of  any  tax  or  any  proceeding  for  the  collection  of  any  tax 
or  assessment,  the  common  council  shall  refund  to  the  purchaser 

t 

so  much  of  the  money  paid  at  such  sale  as  was  retained  by  the 
city,  with  interest,  the  claim  for  such  money  to  be  audited  and 
paid  as  other  city  charges. 

§  329.  In  case  of  the  redemption  of.  any  lands  sold  as  herein 
provided,  by  the  person  who  was  the  owner  thereof  at  the  time 
of  the  sale,  the  treasurer  shall  give  such  owner  a  receipt  for  the 

amount  paid  by  him  to  effect  such  redemption,  and  on  the  produo- 

/  ^ 

tion  thereof  by  such  owner  the  county  clerk  shall  cancel  the  cer* 


-j  tificate  of  sale  by  a  proper  entry  at  the  foot  of  the  record  of  snob 

2  certificate  in  his  office. 

3  §  330.  All  percentages,  interest,  charges  and  expenses  collected 
^  and  received  by  the  treasurer  as  herein  provided,  shall  belong  to 
g  the  city. 

a  '  ARTICLE  IX. 


8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 
19 


20 


21 

22 

23 

24 

25 


DEPARTMENT  OF  CHARITIES  AND  CORRECTION. 

COMMISSIONER  OF  CHARITIES  AND  CORRECTION. 

§  339.  There  shall  be  a  commissioner  of  charities  and  cor¬ 
rection  appointed  by  the  mayor,  within  ten  days  after  the  begin¬ 
ning  of  every  mayoralty  term.  He  shall  hold  office  for  two  years, 
unless  sooner  removed  by  the  mayor.  He  may  appoint,  to  hold 
office  during  his  pleasure,  a  deputy  and  such  other  subordinates 
as  may  be  prescribed  by  the  board  of  estimate  and  apportionment. 

§  340.  The  commissioner  of  charities  and  correction  and  the 
deputy  commissioner  of  charities  and  correction  shall  each  give 
a  bond  to  the  city  with  sureties,  for  the  faithful  discharge  of  the 
duties  of  their  respective  offices,  in  a  penalty  to  be  prescribed  by 
the  common  council,  which  bond  as  to  its  form,  and  the  sureties 
thereto,  shall  be  approved  by  the  mayor.  In  case  of  a  vacancy  in 
the  office  of  commissioner,  the  mayor  shall  fill  such  vacancy  within 
ten  days  by  appointment  for  the  remainder  of  the  term. 

§  341.  The  commissioner  has  the  general  care,  management, 
administration  and  supervision  of  the  charities,  alms-houses,  hos¬ 
pitals,  houses  of  correction  and  all  other  similar  institutions,  the 
D. 


20 


78 


control  or  government  of  which  belongs  or  is  intrusted  to  the  city; 

* 

^  he  shall  make  regulations  for  the  expenditure  of  the  money  of  the 
^  city  for  the  support  or  relief  of  the  poor,  and  have  the  general 

4  supervision  of  such  expenditures,  and  he  shall  furnish  to  the  mayor 

5  a  daily  report  of  the  aid  and  relief  granted  by  him,  with  the  names 

6  and  addresses  of  all  recipients.  He  shall  have  such  other 
1  powers  and  duties  not  inconsistent  with  the  provisions  of  this 

8  act  or  the  other  laws  of  the  state,  as  may  be  prescribed  by  the 

9  ordinances  of  the  common  council. 

10  §  342.  The  commissioner  shall  appoint,  to  hold  office  during  his 

11  pleasure,  an  overseer  of  the  poor  and  as  many  assistants  as  may 

12  be  prescribed  by  the  board  of  estimate  and  apportionment. 

13  §  343.  The  overseer  of  the  poor  shall  give  a  bond  to  the  city 

14  in  such  penalty,  in  such  form  and  with  such  sureties  as  the  com* 

15  missioner  may  prescribe  and  approve,  for  the  faithful  discharge 
10  of  his  duties. 

1?  §  344.  The  overseer  of  the  poor,  subject  to  the  regulations  and 

18  supervision  of  the  commissioner,  shall  possess  all  the  powers  and 

19  authority  of  overseers  of  the  poor  in  the  several  towns  of  the 

**  •  • 

20  county  in  which  the  city  is  situated,  and  be  subject  to  the  same 

21  duties,  obligations  and  liabilities;  and  he  and  his  assistants  shall 

22  have  the  power  to  examine,  under  oath,  any  person  applying  for 

23  relief. 

24  §  345.  The  city  shall  continue  to  be  the  owner  of  all  articles 

25  or  supplies  furnished  to  any  poor  person  or  applicant  until  the 

! 

26  same  are  consumed.  If  any  person  to  whom  the  same  shall  be 


70 


1  furnished  shall  sell  or  exchange  the  same  for  money,  or  intoxicat- 

2  ing  liquor,  or  in  any  way  dispose  of  the  same  other  than  in  the 

3  manner  directed,  such  conduct  shall  be  deemed  a  misdemeanor. 

4  §  346.  Nothing  contained  in  this  article  or  the  preceding  article 

5  shall  be  deemed  to  make  any  city  liable  for  the  support  or  relief 
3  of  any  poor  person  when  it  is  not  otherwise  so  liable. 

7  ARTICLE  X. 

s  JUDICIARY. 

CITY  COURT. 

10  §  357.  The  court  of  civil  jurisdiction  in  the  several  cities 

11  of  the  second  class  in  this  state  is  hereby  continued  and 

12  shall  have  and  exercise  all  powers  and  jurisdiction  heretofore 

13  conferred  upon  it  not  inconsistent  with  the  provisions  of  this 
.14  act,  together  with  .the  jurisdiction  and  powers  hereinafter  pro- 
15  vided.  Such  court  shall  hereafter  be  known  as  the  city  court. 
13  There  shall  be  two  judges  of  the  city  court  to  be  elected  at  the 

17  city  election,  and  their  terms  of  office  shall  be  six  years. 

18  §  358.  At  the  city  election  to  be  held  next  preceding  the  close 
^ (j.  of  the  term  of  a  judge  of  the  city  court,  the  office  'shall  be  filled  by 

20  election,  and  the  person  so  elected  shall  hold  office  for  the  term 
Qj_  of  six  years. 

22  §*  359.  Whenever  ia  vacancy  shall  occur  in  the  office  of  judge  of 

23  the  city  court,  it  shall  be  filled  at  the  next  city  election.  The 

21  person  so  elected  shall  hold  office  for  the  term  of  six  years, 

2~  provided  however,  that  until  the  first  day  of  January  subse- 

23  quent  to  the  said  election,  the  said  vacancy  shall  be  filled  by  the 


27 


D. 


21 


1  appointment  of  some  qualified  and  competent:  person  by  the 

2  mayor. 

3  §  360.  The  mayor  shall,  within  five  days  after  the  first 

4  day  of  January,  nineteen  hundred,  and  every  year  thereafter, 

5  or  whenever  vacancies  occur  in  the  office  of  marshal  of  the  city 
0  court,  as  herein  provided,  appoint  as  many  persons  as  may  be 

7  necessary,  not  exceeding  five,  who  are  electors  of  the  city, 

8  marshals  of  the  city  court,  who  shall,  in  addition  to 

9  their  other  duties,  be  and  act  as  attendants  upon  the 

10  court  during  its  sessions.  The  marshals  so  appointed 

11  shai1!  possess,  in  actions  or  proceedings,  all  the  powers  and  be 

12  under  all  the  obligations  and  duties  of  constables  in  the  towns 

13  of  the  state,  and  of  constables  in  cities  as  now  provided.  They  shall 

14  hold  their  offices  for  two  years  unless  sooner  removed.  Every 

15  marshal  so  appointed  shall  execute  and  file  in  the  county  clerk’s 

10  office,  with  at  least  two  sureties,  to  be  approved  by  a  judge  of  the 

% 

17  court,  a  bond  to  the  people  of  the  state  of  New  York,  in  the  penal 
lg  sum  of  one  thousand  dollars,  conditioned  for  the  faithful  dis- 

19  charge  of  his  duties,  in  which  bond  he  and  his  sureties  shall  jointly 

* 

20  and  severally  agree  to  pay  to  every  person  who  may  be  entitled 
thereto  all  such  sums  of  money  as  the  marshal  shall  become  liable 

22  to  pay  on  account  of  any  execution  which  shall  be  delivered  to  him 

23  for  collection,  and  shall  also  jointly  and  severally  agree  to  pay 

24  every  person  any  damage  which  he  may  sustain  from  or  by  any  act 

25  or  thing  done  by  the  marshal,  by  virtue  of  his  office.  The  judges 
20  of  the  court  have  power  to  make  such  rules  and  regulations,  to  be 


81 


]  entered  in  full  upon  the  docket  of  the  court,  concerning  the  attend- 

2  ance  and  duties  of  the  marshals  as  attendants  upon  the  court  as 

3  they  deem  necessary  and  proper,  and  a  violation  of  such  rules  and 

4  regulations  by  the  marshals  is  hereby  constituted  a  cause  for  sus* 

5  pension  or  removal  from  office  as  hereinafter  provided.  The  fees 

6  of  each  marshal  shall  be  the  same  as  are  provided  by  law  for  con- 

7  stables  rendering  similar  services,  and  shall  be  paid  in  the  same 

8  manner.  The  marshals  shall  neither  receive  nor  be  entitled  to 

9  any  salary  or  compensation  for  services  rendered  as  court  attend* 
40  ants.  Hereafter  no  constable  shall  be  elected  in  any  city. 

44  §  361.  The  judges  of  the  court  have  power  to  remove  any  mar- 

42  shal,  upon  complaint  as  is  provided  by  law,  for  the  removal  of  a 

4 

43  constable  of  a  town.  The  judges  shall  associate  together  to  hear 

i 

44  and  determine  the  complaint,  and  the  same  proceedings  shall  be 

45  had  by  and  before  them  as  are  provided  by  law  to  be  had  by  and 
40  before  three  justices  of  the  peace  of  a  town  for  the  removal  of  a 
47  constable.  The  judges  are  hereby  authorized  to  solemnize  mar* 
4§  riages.  They  shall  also  have  power  to  take  oaths  and  acknowl* 

f  - 

4^  edgments  with  the  same  force  and  effect  as  a  justice  of  the  peace. 
2q  They  or  either  of  them  may  command  the  services  of  any  marshal 
24  of  the  city  to  enforce  the  authority  of  the  court  and  to  maintain  the 


22  peace. 


93  §  362.  No  person  shall  be  eligible  to  the  office  of  judge  of  the 

24  city  court  unless  he  be  an  elector  of  the  city,  and  has  been  an 


ittorney  of  the  supreme  court  of  the  state  for  five  years. 


26 


D. 


21 


82 


1  §  363.  The  court  shall  be  open  for  the  transaction  of  business 

2  each  day  in  the  year,  Sundays  and  legal  holidays  excepted,  and 

3  shall  be  held  by  one  of  the  judges  thereof.  Whenever,  however, 

4  the  necessities  of  business  require,  the  court  shall  be  held  in  two 

5  parts  or  divisions  at  the  same  time. 

6  §  364.  The  common  council  of  the  city  shall  provide  suitable 

7  rooms,  light,  fuel,  furniture,  necessary  blank  books,  blanks  and 

8  stationery,  for  the  use  of  the  court,  and  shall  provide  for  the  pay- 

9  ment  of  the  salaries  of  the  judges  and  the  clerks  thereof,  and  any 
10  other  necessary  expenses  of  the  court. 

31  §  365.  The  court  shall  have  jurisdiction  of  the  following  actions 

12  and  proceedings,  when  any  person  a  party  thereto  is  a  resident  of 

13  the  city,  wrhether  commenced  by  summons,  warrant,  attachment 
-Ll  or  other  process: 

15  1.  An  action  to  recover  damages  upon,  or  for  breach  of  con- 

10  tract,  express  or  implied,  other  than  a  promise  to  marry,  where  the 

■'.*  i 

17  sum  claimed  does  not  exceed  one  thousand  dollars. 

23  2.  An  action  to  recover  damages  for  a  personal  injury,  or  an 

19  injury  to  property,  where  the  sum  claimed  does  not  exceed  one 

20  thousand  dollars. 

21  3.  An  action  upon  a  bond,  conditioned  for  the  payment  of 

22  money,  where  the  sum  claimed  to  be  due,  does  not  exceed  one 

23  thousand  dollars. 

2i  4.  An  action  upon  a  surety  bond,  taken  in  the  court,  or  by  any 
25  justice  of  the  peace,  where  the  sum  claimed  does  not  exceed  one 
20  thousand  dollars. 


83 


1  5.  An  action  upon  a  judgment  rendered  in  the  city  court,  or  in 

2  a  court  of  a  justice  of  the  peace,  or  in  a  district  court,  or  in  a 

3  justice  court  of  a  city,  being  a  court  not  of  record. 

1  6.  An  action  to  recover  one  or  more  chattels,  with  or  without 

5  damages,  for  the  taking,  withholding  or  detention  thereof,  where 

6  the  value  of  the  chattel,  or  of  all  the  chattels,  as  stated  in  the 

7  affidavit  made  on  the  part  of  the  plaintiff,  does  not  exceed  one 

8  thousand  dollars. 

9  /  7.  To  render  judgment  upon  the  confession  of  a  defendant  or 
10  defendants,  as  prescribed  in  title  six,  chapter  nineteen  of  the  code 
Xi  of  civil  procedure,  where  the  sum  confessed  does  not  exceed  one 
X2  thousand  dollars. 

X3  8.  In  an  action  for  damages  for  fraud  in  the  sale,  purchase  or 
X4  exchange  of  personal  property,  if  the  damages  claimed  do  not 
X5  exceed  one  thousand  dollars. 

10  9.  In  an  action  commenced  by  attachment,  pursuant  to  the  pro- 

17  visions  of  article  four  of  title  two  of  chapter  nineteen  of  the  code 

18  of  civil  procedure,  if  the  debt  or  damages  claimed  do  not  exceed 

19  one  thousand  dollars. 

20  10.  The  summary  proceedings,  under  title  two  of  chapter 

21  seventeen  of  the  code  of  civil  procedure,  to  recover  possession  of 

*  / 

22  land  and  to  remove  tenants  and  others  therefrom  where  the  land 

23  is  situated  in  the  city. 

24  11.  In  actions  or  proceedings  under  any  statute  for  the  enforce- 

25  ment  of  the  liens  of  mechanics  and  others,  where  the  amount  of 


84 


-  the  lien  does  not  exceed  the  sum  of  one  thousand  dollars,  under 
cj  the  same  proceedings  as  are  provided  by  law  to  be  had  in  jus* 


3  tices,  courts. 

4 


12.  In  proceedings  in  cases  of  bastardy. 


g  13.  In  proceedings  to  recover  a  penalty  for  the  violation  of  any 
0  ordinance  of  the  city. 

14.  In  any  other  action  or  civil  proceeding  of  which  justices  of 
g  the  peace  of  towns  now  have  jurisdiction. 

q  15.  In  an  action  against  an  executor  or  administrator,  as  such, 


10 


where  the  amount  of  the  claim  is  less  than  the  sum  of  one  thou- 


I  j  sand  dollars  and  the  claim  has  been  duly  presented  to  the  execu- 
22  tor  or  administrator  and  rejected  by  him. 


13 


366.  Such  court  cannot  take  cognizance  of  a  civil  action  in 


either  of  the  following  cases: 


v  «•< 

i  o 


1.  Where  the  title  to  real  property  comes  in  question,  as  pre- 


2  0  scribed  in  title  three  of  chapter  nineteen  of  the  code  of  civil  pro- 

1  7  cedure.  But  when  such  question  arises,  the  pleadings  and  prac- 
jg  tice  shall  be  the  same  as  are  now  provided  by  law,  for  justices’ 
2g  courts,  in  regard  thereto. 

90  2.  Where  the  action  is  to  recover  damages  for  false  imprison- 

ment,  libel,  slander,  criminal  conversation,  seduction  or  malicious 

22  prosecution,  or  where  it  is  brought  under  sections  eighteen  hnn- 

23  dred  and  thirty-seven,  eighteen  hundred  and  forty -three,  eighteen 
hundred  and  sixty-eight,  nineteen  hundred  and  two,  or  nineteen 

9g  hundred  and  sixty-nine  of  the  code  of  civil  procedure.  ' 


85 


1  3.  Where,  in  the  matter  of  account,  the  sum  total  of  the 

2  accounts  of  both  parties,  proved  to  the  satisfaction  of  the  court, 

3  exceeds  two  thousand  dollars. 

4  4.  Where  the  action  is  brought  against  an  executor  or  admin- 

5  istrator  as  such,  except  where  the  amount  of  the  claim  is  less  than 

\ 

3  the  sum  of  one  thousand  dollars  andi  the  claim  has  been  duly 
7  presented  to  the  executor  or  administrator  and  rejected  by  him. 
§  §  367.  The  process  shall  be  served  within  the  city  wherein  the 

9  court  is  situated  and  shall  be  made  returnable  before  the  court, 
2o  by  its  proper  title,  and  shall  be  substantially  in  the  forms  and 

11  returnable  within  the  times  prescribed  for  courts  of  justices  of 

12  the  peace,  and  shall  be  signed  by  a  judge,  clerk  or  deputy  clerk  of 

13  the  court. 

14  §  368.  The  process,  service  of  the  same,  appearances,  practice, 

v 

15  pleadings  and  proceedings  in  the  court  and  in  appeals  therefrom, 

16  judgments  by  confession,  offers  to  compromise,  fees,  costs  and  d!s- 

17  bursements  shall,  except  as  hereinafter  otherwise  provided,  be 

18  governed  by  the  provisions  of  the  code  of  civil  procedure  in  regard 

19  to  courts  of  justice  of  the  peace,  including  the  provisions  of  chap- 

20  ter  four  hundred  and  fourteen  of  the  laws  of  eighteen  hundred 

2 1  and  eighty-one,  and  the  acts  amendatory  thereof,  in  relation  to  the 

22  service  and  making  of  verified  pleadings  in  justices’  courts.  The 

23  precept,  practice,  pleadings  and  appeal  in  summary  proceedings, 

24  shall  be  governed  by  the  provisions  of  the  code  of  civil  procedure 

/ 

25  relating  thereto,  except  that  the  petition  must  be  filed  with,  and 


26 


D. 


W 


86 


i 

1  tlie  precept  issued  by  the  clerk,  deputy  clerk  or  either  of  the 

2  judges  of  said  court,  and  made  returnable  before  the  court,  and 

3  proceedings  thereon  subsequently  had  in  said  court  before  either 

4  of  the  judges  thereof,  and  upon  final  order  made  in  favor  of  the 

5  petitioner,  the  warrant  may  be  issued  by  the  clerk,  deputy  clerk 

6  or  by  either  of  the  judges  of  said  court.  Proceedings  and  prac- 

7  tice  in  cases  of  bastardy  and  appeals  therefrom  shall  be  governed 

8  by  the  provisions  of  the  code  of  criminal  procedure  in  relation 

9  thereto,  except  that  such  proceedings  may  be  held  and  conducted 
19  by  either  one  of  the  judges  of  the  court,  with  the  same  force  as  if 

11  two  magistrates  were  present.  The  judges  may,  from  time  to 

12  time,  make,  alter  and  amend  rules  of  practice,  not  inconsistent 

13  with  the  provisions  of  law.  Such  rules,  or  alterations  or  amend- 
11  ments  shall  not  take  effect,  however,  until  a  copy  thereof  signed 
15  by  both  of  the  judges  of  the  court,  and  endorsed  with  the  ap- 
Ig  proval  of  a  justice  of  the  supreme  court,  shall  have 
17  been  filed  in  the  office  of  the  clerk  of  the  county,  and 
lg  until  such  copy,  with  the  endorsement,  shall  have  been 

19  published  at  least  once  in  the  official  newspapers  of  the 
29  city.  The  appearance  of  an  attorney  and  counsellor-at-law 

21  of  the  supreme  court  of  this  state,  on  behalf  of  any  party  to  any 

22  action  or  proceeding  pending  in  the  city  court,  may  be  made  by 

/ 

23  filing  with  the  clerk  of  the  court  a  notice  of  appearance,  and  shall 
2i  have  the  same  force  as  if  such  appearance  had  been  made  in  a  pro* 
25  ceeding  pending  in  the  supreme  court,  and  the  judge  before 

20  whom  a  trial  is  had  shall  have  the  power  to  grant  a  new  trial  of 


1 

2 

3 

4 

5 

6 

rr 

i 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 


87 


the  action  or  proceeding,  for  any  of  the  reasons  specified  in  sec¬ 
tion  nine  hundred  and  ninety-nine  of  the  code  of  civil  procedure, 
upon  such  terms  as  may  be  just.  It  or  the  judges  thereof  may  also 
entertain  motions  and  make  orders  in  any  action  or  proceeding 
of  which  it  has  or  has  had  jurisdiction,  in  the  same  manner  as 
may  be  done  in  the  supreme  court.  The  court  shall  have  power 
to  open^defaults  and  to  set  aside  judgments  entered  thereon; 
and  pending  an  application  for  such  purpose  to  stay  execution 
issued  thereon.  The  filing  of  a  transcript  of  the  judgment  in  the 
county  clerk’s  office  shall  not  prevent  the  court  from  exercis¬ 
ing  said  power,  and  in  an  action  tried  by  a  jury  to  direct  a  ver¬ 
dict.  Any  action  or  proceeding  pending  in  said  court  may  be 
discontinued  by  filing  with  the  clerk  of  said  court  a  stipulation 
to  that  effect  signed  by  the  parties  or  their  attorneys,  and  by  pay¬ 
ing  said  clerk  all  the  fees  of  said  court,  including  the  mar¬ 
shal’s  fees.  If  notice  of  a  motion  or  of  any  proceeding  before  the 
court  or  a  judge  thereof  be  necessary,  it  shall  be  served  upon  the 
party,  or  his  attorney,  at  least  five  days  before  the  time  appointed 
for  the  hearing,  unless  the  court  or  a  judge  thereof,  upon  an 
affidavit  showing  grounds  therefor,  makes  an  order  to  show  cause 
why  the  relief  asked  for  should  not  be  granted  and  in  the  order 
directs  that  service  thereof  less  than  five  days  before  it  is  return* 
able  be  sufficient.  A  motion  for  a  new  trial  upon  the  minutes  in 
a  case  tried  by  a  jury  must  be  made  at  the  close  of  the  trial. 
Judgment  upon  the  trial  of  an  action  on  the  merits  before  a  judge 
without  a  jury  must  be  rendered  within  ten  days  after  the  same 


1 

2 

8 

4 

5 

6 

7 

8 

'  9 

30 

11 

12 

13 

14 

15 

16 

17 

IS 

19 

20 

21 

22 

23 

24 

25 

26 


88 


has  been  finally  submitted.  Every  action  and  proceeding  brought 
in  the  court  shall  be  called  at  the  time  specified  in  the  mandate  or 
process  by  which  it  is  commenced,  or  as  soon  thereafter  as  the 
lousiness  of  the  court  will  permit,  and  section  twenty-eight  hun¬ 
dred  and  ninety-three  of  the  code  of  civil  procedure  shall  not 
apply  to  such  action  or  proceeding. 

§  369.  All  the  powers  now  given  by  law  to  justices  of  the  peace 
of  towns,  to  issue  executions,  or  to  give  transcripts  are  hereby 

V  / 

given  to  the  judges,  clerk  or  deputy  clerk  of  the  court. 

§  370.  A  judgment  of  the  court  shall  be, in  all  respects,  the  same 
as  a  judgment  rendered  by  a  justice  of  the  peace  of  towns,  and  all 
provisions  of  the  code  of  civil  procedure  in  relation  to  filing  tran¬ 
scripts  of  such  judgments,  and  docketing  the  same,  in  the  office 
of  the  clerk  of  the  county  in  which  the  city  is  located,  or  of  any 
other  county,  shall  in  all  respects  be  the  same  as  if  the  judgment 
was  recovered  before  a  justice  of  the  peace  of  a  town.  But  such 
judgment  shall  be  a  lien,  and  remain  in  force  for  the  same  length 
of  time  as  a  judgment  originally  recovered  in  the  county  court. 

§  371.  The  court  may,  in  its  discretion,  grant  one  or  more 

✓ 

adjournments  of  the  trial  of  an  action,  or  the  hearing  of  a  motion, 
or  other  proceeding,  for  such  times  and  upon  such  terms  as  it  may 

i 

deem  just,  unless  the  defendant  has  been  arrested,  in  which  case 
no  adjournment  shall  be  made  without  his  consent.  Any  action 

or  special  proceeding  may  be  adjourned  after  issue  has  been 

\ 

joined  by  a  stipulation  signed  by  the  parties  or  their  attorneys 


and  filed  with  the  clerk  of  the  court. 


89 


1  §  372.  There  shall  be  paid  to  the  clerk  or  deputy  clerk  of  the 

2  court,  the  following  sums  only  as  court  fees  in  a  civil  action: 

3  Upon  the  issuing  of  a  summons,  one  dollar;  upon  the  return 

4  day,  if  judgment  is  to  be  taken  by  default,  or  if  issue  be  joined: 

I  4  '  ; 

5  il)  If  such  judgment  be  rendered,  or  the  amount  demanded  in 

6  the  complaint  be  for  a  sum  less  than  twenty-five  dollars,  twenty* 

* 

7  five  cents;  (2)  if  such  judgment  be  rendered  or  the  amount 

8  demanded  in  the  complaint  be  for  the  sum  of  twenty-five  dollars 

9  or  over,  fifty  cents ;  for  the  trial  of  an  action  by  the  court,  if  issue 

10  be  joined,  seventy-five  cents;  for  the  trial  of  an  action  by  a  jury, 

i 

11  one  dollar  and  twenty-five  cents;  for  each  transcript  for 

"1  o 

i  *  making  a  return  upon  an  appeal  from  a  judgment,  or 

•  •  < 

13  order,  •  twTo  dollars,  and  in  addition  thereto  there  shall 

14  be  paid,  before  the  return  is  filed  with  the  appellate 

/  - »  « 

15  court,  six  cents  for  each  folio  of  one  hundred  wTords  con- 

16  tained  in  the  return  in  excess  of  fifty  folios.  In  summary  or 

17  special  proceeding,  including  bastardy  proceedings,  the  fees  shall 

18  be  the  same  as  are  now  allowed  by  law  to  justices  of  the  peace. 

19  The  clerk  or  deputy  clerk  shall  require  the  prepayment  of  such 

t 

20  fees;  provided,  however,  if  any  person  shall  satisfy  one  of  the 

21  judges,  by  affidavit,  which  affidavit  must  be  in  writing  and  filed 

22  with  the  court,  that  he  has  a  good  and  meritorious  cause  of  action 

23  for  a  money  claim  against  another  within  the  jurisdiction  of  the 

24  court,  and  that  he  has  made  a  personal  demand  for  the  payment 


D. 


23 


1 

3 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 


thereof  of  the  debtor,  and  that  such  payment  has  been  refused; 
and  shall  therein  also  state  the  name  and  residence  of  the  debtor, 
and  the  amount  due  over  and  above  all  legal  set-off,  and  that  the 
applicant  is  unable  to  pay  the  fees  therefor,  the  judge  to  whom 
such  affidavit  is  presented  may,  in  his  discretion,  endorse  on  such 
affidavit  directions  to  the  clerk  or  deputy  clerk  to  issue  the  proper 

A 

process,  returnable  before  the  other  judge,  without  charging  for 

court  fees;  but  the  applicant  in  such  case  shall  pay  in  advance  the 

fees  of  the  marshal  for  serving  such  process.  All  fees  paid  into 

the  court  or  included  in  any  judgment  rendered  therein,  except 

marshal,  jury  and  witness  fees,  shall  belong  to  the  city,  and  no 

such  judgment  shall  be  satisfied  until  the  fees  are  paid  into  the 

court.  Fees  prepaid  by  either  party,  recovered  by  any  judg- 

0  * 

ment  in  his  favor  and  paid  into  the  court,  shall  be  refunded  to 
him. 

§  373.  In  all  civil  actions  and  proceedings  in  the  court  the  suc¬ 
cessful  party  shall  tax  and  recover  all  fees  paid  by  him,  or  which 
he  will  necessarily  incur.  In  addition  thereto  there  shall  be 
allowed  to  a  party  in  case  he  has  appeared  by  an  attorney  of  the 
supreme  court,  and  not  otherwise,  the  following  sums  as  costs: 

1.  For  all  proceedings  before  trial,  including  judgment  for 
plaintiff  upon  default,  in  case  the  amount  of  recovery  be  thirty 
dollars  or  less,  to  the  plaintiff,  ten  per  centum  of  such  amount;  in 
case  the  recovery  be  more  than  thirty  dollars  and  not  more  than 
two  hundred  and  fifty  dollars,  five  dollars;  in  case  the  recovery 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 


be  more  than  two  hundred  and  fifty  dollars  and  not  more  than  five 

•/ 

hundred  dollars,  seven  dollars;  in  case  the  recovery  be  more  than 
five  hundred  dollars  and  not  more  than  seven  hundred  and  fifty 
dollars,  ten  dollars;  in  all  other  cases,  twelve  dollars. 

2.  If  judgment  be  for  plaintiff,  otherwise  than  upon  default,  an 
additional  sum  equal  to  ten  per  centum  of  the  recovery  not 
exceeding  twenty-five  dollars. 

3.  If  the  plaintiff  recover  judgment  in  an  action  for  the  recovery 
of  one  or  more  chattels,  the  foregoing  sum  allowed  as  additional 
costs  shall  be  estimated  upon  the  value  of  such  chattels  as 
assessed  by  the  court  or  jury. 

4.  If  judgment  be  rendered  for  the  defendant,  by  default,  to  the 
defendant,  in  a  case  where  the  amount  demanded  in  the  com¬ 
plaint  is  thirty  dollars  or  less,  ten  per  centum  of  such  amount;  In 
a  case  where  the  amount  demanded  in  the  complaint  is  more  than 
thirty  dollars  and  not  more  than  two  hundred  and  fifty  dollars, 

five  dollars;  in  a  case  where  the  amount  demanded  in  the  com- 

. 

plaint  is  more  than  two  hundred  and  fifty  dollars  and  not  more 

than  five  hundred  dollars,  seven  dollars;  in  a  case  where  the 

« 

amount  demanded  in  the  complaint  is  more  than  five  hundred 
dollars  and  not  more  than  seven  hundred  and  fifty  dollars,  ten 
dollars;  in  a  case  where  the  amount  demanded  in  the  complaint 
is  more  than  seven  hundred  and  fifty  dollars,  twelve  dollars; 
and  where  there  is  no  complaint,  three  dollars. 


1  5.  If  judgment  be  rendered  for  the  defendant,  after  trial,  to 

2  the  defendant,  ten  per  eentum  upon  the  amount  claimed  in  the 

3  complaint,  not  exceeding  twenty-five  dollars. 

4  6.  A  defendant  who  recovers  judgment  upon  a  counterclaim 

5  for  a  sum  greater  than  that  claimed  by  plaintiff,  shall  be  allowed 

6  ten  per  centum  on  the  amount  so  recovered,  not  exceeding  twenty- 

7  five  dollars;  and  in  such  case  he  shall  be  allowed  no  other  costs 

8  except  his  disbursements. 

9  7.  No  costs  or  fees  shall  be  allowed  and  recovered  in  an  action 

10  brought  upon  a  judgment  of  the  court,  unless  such  action  be 

11  brought  more  than  five  years  after  the  recovery  of  the  judgment 
1  o  sued  on. 

1  ■"  s- 

13  8.  Costs,  upon  a  motion  in  any  action  or  proceeding,  not  ex- 

N  .  (  51 

14  ceeding  three  dollars,  may  be  awarded  either  absolutely  or  to 

15  abide  the  event  of  the  action  or  proceeding,  to  any  party,  in  the  dis- 

/  I 

» 

16  cretion  of  the  court  or  judge.  Such  costs,  or  costs  awarded  under 

17  section  three  hundred  and  seventy-five  of  this  act,  may  be  in- 

18  eluded  in  the  final  judgment,  or  if  not  so  included,  may  be  en- 

1 9  forced  in  accordance  with  the  provisions  of  section  seven  hundred 

20  and  seventy-nine  of  the  code  of  civil  procedure. 

2  §  374.  Any  judge  holding  the  court  while  in  session,  shall  have 

22  the  same  powers  to  preserve  order  and  to  punish  for  contempts 

23  committed  in  his  presence  as  are  possessed  by  judges  of  courts 

21  of  record;  provided,  however,  that  an  appeal  may  be  taken  from 
95  an  order  adjudging  a  person  in  contempt  to  the  county  court  In 
26  the  same  manner  as  an  appeal  from  a  judgment;  Pending  the 


93 


1 

2 

3 

4 

5 

6 

7 

8 
9 

10 

/ 

11 

12 


13 


14 


15 

16 

17 

18 

19 

20 


21 

<r- 

22 


23 


24 


25 


determination  of  such  appeal  the  person  adjudged  in  contempt, 
if  he  shall  be  imprisoned,  may  be  admitted  to  bail  by  any  judge  of 
the  court,  or  of  the  county  court,  in  such  an  amount  and  by  an 

V  * 

undertaking  in  such  form  and  terms,  and  with  such  sureties  at 
shall  be  approved  by  the  judge. 

§  375.  Appeals  may  be  taken  from  any  judgment  rendered  in 

/ 

the  court  to  the  county  court  of  the  county  in  which  the  city  is 
located,  in  the  same  manner  and  with  like  effect  as  appeals  are 
taken  from  judgments  obtained  in  justices’  courts,  except  as 
otherwise  provided  herein.  An  appeal  may  also  be  taken  to  the 

same  court  from  an  order  granting  a  motion  for  a  new  trial.  Such 

•  % 

appeal  must  be  taken  within  ten  days  after  service  of  the  order 
appealed  from  and  notice  of  the  entry  thereof.  It  shall  be  taken 
in  the  same  manner  as  an  appeal  from  a  judgment,  and  all  sub¬ 
sequent  proceedings  therein  shall  be  conducted  as  near  as  may 

t 

be  in  like  manner  as  in  such  an  appeal.  The  appellate  court 
may  grant  costs,  not  exceeding  ten  dollars,  to  the  successful  party 
on  such  appeal.  The  order  of  the  appellate  court  shall  be  re¬ 
mitted  to  the  city  court  to  be  enforced.  For  the  purpose  of  an 
appeal  to  the  supreme  court,  the  order  of  the  county  court  made 
on  appeal  from  an  order,  shall  be  deemed  an  order  of  the  county 
court,  except  that  the  order  or  judgment  made  in  the  supreme 
court  shall  be  certified  and  remitted  to  the  city  court  to  be  en¬ 
forced.  Upon  an  appeal  from  a  judgment,  the  appellate  court 
upon  its  reversal  may,  in  its  discretion,  order  a  new  trial  before 


\ 


26 


D. 


24 


94 

3  eiiner  of  the  judges  of  the  city  court,  at  a  time  designated,  and  in 

2  such  case  the  costs  of  the  appeal  shall  be  in  the  discretion  of  the 

3  appellate  court,  and  any  and  all  costs  may  be  by  it  directed  to 

4  be  included  in  any  subsequent  judgment  in  the  same  action  in 

§  the  same  court.  Any  decision  or  opinion  in  writing  filed  by  a 

/ 

6  judge  of  the  court  shall,  upon  appeal,  be  returned  as  a  part  of  the 

^  record  of  the  proceedings.  Costs  required  to  be  paid  to  perfect  an 

I 

g  appeal  under  section  three  thousand  and  forty-seven  of  the  code  of 
9  civil  procedure,  shall  not  include  the  costs  awarded  a  party 
20  under  section  three  hundred  and  seventy-three  of  this  article;  but 
22  upon  judgment  affirming  the  judgment  appealed  from,  or  upon 

22  the  plaintiff  or  defendant  being  entitled  to  recover  costs  upon  a 

23  new  trial  had  in  the  appellate  court,  such  costs  may  be  included 

24  therein,  except  that  the  per  centum  allowed  under  subdivision 

25  two,  three,  five  and  six  of  section  three  hundred  and  seventy-three 

16  of  this  article,  shall  be  computed  upon  the  amount  of  damages 

17  awarded,  or  the  value  of  the  chattels  recovered,  in  the  judgment 

18  of  the  appellate  court. 

19  §  376.  The  court  shall  have  a  clerk,  and  such  other  assistants 

20  as  the  board  of  estimate  and  apportionment  may  prescribe,  to  be 

21  appointed  by  the  judges,  such  appointment  to  be  in 

22  writing  and  filed  with  the  clerk  of  the  county  in  which 

23  the  city  is  located.  The  clerk  and  deputy  clerk,  if  there 

v  • 

24  be  one,  shall  hold  office  during  the  pleasure  of  the  judges,  and 

25  shall  each  give  a  bond  to  the  city  for  the  faithful  performance 


‘-cp 


V 


95 


1  of  the  duties  of  their  respective  offices,  in  such  form  and  for  such 

2  sum,  and  with  such  sureties  as  shall  be  approved  bj  the 

3  judges,  and  file  the  same  with  the  comptroller  of  the  city.  It 

4  shall  be  the  duty  of  the  clerk  to  keep  in  the  docket  of  the  court 

5  a  complete  and  accurate  record  of  all  processes  issued  by  and  re- 

6  turned  to  the  court,  and  of  all  proceedings  in  any  action  or  pro- 

7  ceeding  brought  in  the  court,  and  to  enter  therein  the  judgment 

8  and  decision  of  the  court;  and  the  docket  shall  be  evidence  in  the 

9  courts  of  this  state  the  same  as  the  docket  of  the  court  of  a  justice 

10  of  the  peace.  The  clerk  may  make  and  certify,  in  the  form  pro- 

11  vided  by  law  for  clerks  of  courts  of  record  of  this  state,  copies  of 

1 2  the  entries  in  the  docket  and  of  all  papers  filed  in  the  court,  and 

13  he  shall  have  power  to  take  oaths  and  acknowledgments,  the 

14  same  as  a  justice  of  the  peace.  He  shall  keep  an  accurate  account 

15  of  the  fees  received,  from  whom  received  and  the  time  of  receiving 

16  the  same,  and  at  the  end  of  each  month  shall  deposit  the  amount 
1 1  thereof  with  the  city  treasurer,  together  with  a  detailed  statement 
IS  of  the  items  thereof,  which  statement  shall  be  verified  by  him. 
19  It  shall  also  be  his  duty,  whenever  required  by  either  of  the 
29  judges,  to  take  stenographic  notes  of  any  trial  had  in  the  court, 

21  for  his  use.  He  shall  have  power,  in  the  absence  of  the  judges, 

22  to  adjourn  an  action  or  proceeding  returnable  or  pending  before 

23  the  court,  for  a  period  not  longer  than  eight  days  at  a  time. 

24  §  377.  in  the  absence  or  inability  of  a  police  justice,  or  in  case 

25  of  a  vacancy  in  his  office,  either  of  the  city  judges  shall  perform 


m 


A  the  duties  of  such  police  justice  upon  written  designation  of  the 

2  mayor,  to  be  filed  and  recorded  in  the  police  court. 

3  §  378.  Whenever  any  action  pending  in  said  court  shall  have 

4  been  commenced  by  the  actual  service  of  process,  or  where  the 

5  defendant  shall  have  appeared  in  the  action,  either  party  may 

6  take  the  testimony  of  any  witness  who  is  about  to  leave  the 

7  county  or  any  county  adjoining  the  said  county  in  which  said 

8  action  is  pending,  and  who  will  be  absent  when  the  testimony  is 

9  required,  taken  conditionally,  to  be  used  in  the  trial  of  such  ac- 
10  tion,  and  to  be  taken  in  the  manner  provided  for  in  an  action 
H  pending  in  the  supreme  court. 

12  §  379.  At  the  time  when  issue  of  fact  is  joined  in  an  action 

13  in  the  city  court  either  party  may  demand  a  trial  by  jury  and 
24  unless  so  demanded  at  the  joining  of  issue  a  trial  jury  is  waived. 
15  When  a  trial  by  jury  is  demanded  as  above  provided,  the  judge 
20  of  the  said  court  at  the  time  presiding  in  the  court,  must  forth- 
17  with  openly  withdraw  such  number  of  ballots  as  he  deems  neces- 
2g  sary,  from  the  box  or  other  receptacle,  containing  the  names  of 

19  the  persons  who  are  returned  as  jurors  of  the  city,  as  provided 

20  by  law,  for  the  purpose  of  trying  the  issues  joined  as  above 

21  stated  at  a  time  to  which  the  cause  in  which  issue  has  been  joined 

22  s^all  be  adjourned.  But  such  adjournment  shall  not  be  for  a 

23  longer  period  than  eight  days  from  the  joinder  of  issue,  unless 

24  the  parties  consent  to  a  longer  adjournment,  wThich  consent  shall 

25  be  entered  in  the  minutes  of  the  court.  Before  drawing  such 

i 

20  ballots  they  shall  be  thoroughly  mingled  in  the  box  or  receptacle 


97 


j  containing  them.  Thereafter,  except  as  herein  otherwise  pro- 

2  vided  and  so  far  as  consistent  with  this  act,  the  provisions  of 

3  sections  twenty-nine  hundred  and  ninety-two,  twenty-nine  hun- 

4  dred  and  ninety-three,  twenty-nine  hundred  and  ninety-four, 

5  twenty-nine  hundred  and  ninety-five,  twenty-nine  hundred  and 
0  ninety-six,  twenty-nine  hundred  and  ninety-seven,  twenty-nine 

7  hundred  and  ninety-eight,  three  thousand  and  six,  three  thousand 

8  and  seven,  three  thousand  and  eight  and  three  thousand  and  nine 
0  of  the  code  of  civil  procedure,  shall  govern  the  further  proceed- 

10  ings  upon  the  issue  joined  as  above  provided.  The  judges  of  the 

11  said  court  have  the  powers  and  duties  conferred  and  imposed 
lo  upon  justices  of  the  peace  under  those  sections.  The  venire  must 
i  be  issued  to  the  city  marshal  who  shall  have  all  the  powers  and 
1  j_  duties  of  constable  under  those  sections.  J urors  in  the  city  court 
15  shall  receive  the  same  compensation  as  jurors  in  justices  court 
10  held  by  the  justices  of  the  peace. 

17  §  380.  All  actions  and  proceedings  pending  in  the  city  court 

lg  of  Albany,  the  justices’  court  of  Troy,  the  municipal  court  of  the 
1  ,  city  of  Syracuse,  and  the  municipal  court  of  the  city  of  Rochester, 
o0  at  the  time  this  act  takes  effect,  shall  be  transferred  to  the  city 
o  courts  of  the  cities,  respectively,  for  hearing  and  determination, 

Jj  1 

"  .  A 

n  ,  and  shall  be  heard  and  determined  therein  the  same  as  if  suoh 

22 

Qo  actions  and  proceedings  had  originally  been  brought  therein. 

LO 

2i  §  381.  The  justices  of  the  city  court  of  Albany,  the  justices  of  the 

/ 

25  justice  court  of  Troy,  the  judges  of  the  municipal  court  of  the  city 


26 


d: 


25 


98 


1  of  Syracuse,  and  the  judges  of  the  municipal  court  of  the  city  of 

■  •  '• 1  '  ’  i  V\ ' 

Rochester,  are  continued  in  office  until  the  expiration  of  their 
3  several  terms  of  office.  And  they  shall  be  the  judges  of  the  city 
^  court  of  their  respective  cities.  At  the  city  election  held  next 

5  preceding  the  expiration  of  the  term  of  office  first  expiring  the 

6  office  shall  be  filled  by  election;  but  if  any  term  shall  expire  with 
?  the  year  at  which  a  municipal  election  is  not  held,  the  judge  or 

8  justice  whose  term  is  about  to  expire,  shall  hold  office  for  one 

9  year,  and  until  at  the  next  municipal  election  a  successor  is 


chosen. 

s 

11 


12 


POLICE  COURT. 

§  390.  There  shall  be  a  court  of  criminal  jurisdiction,  to  be 
known  as  the  “  police  court,”  with  the  jurisdiction  and  power* 
hereinafter  provided.  There  shall  be  one  or  more  justice*  of 
the  court,  as  the  common  council  may  ordain. 

16  §  391.  At  the  city  election  the  office  shall  be  filled  by  election. 

1?  §  392.  Whenever  a  vacancy  shall  occur  in  the  office  of  police 

* 

18  justice  it  shall  be  filled  at  the  next  city  election,  and  the 

19  person  elected  shall  hold  office  for  the  term  of  six  years,  pro- 


t 


20  vided  however,  that  until  the  first  day  of  January,  subsequent  to 

•  '■  \ 

21  the  said  election,  the  said  vacancy  shall  be  filled  by  the  ap- 

•  ■  N  , .  Jy  1 

•  \ 

22  pointment  of  some  qualified  and  competent  person,  by  the  mayor. 

23  §  393.  No  person  shall  be  eligible  to  the  office  of  police  justice 

24  unless  he  be  an  elector,  and  has  been  an  attorney  of  the  supreme 

25  court  of  the  state  for  five  years. 


89 


■1 


1  §  394.  Subject  to  the  power  of  removal  provided  by  sections 

2  fifty-seven  and  fifty-eight  of  the  code  of  criminal  procedure,  * 

3  police  justice  shall,  in  the  first  instance,  have  exclusive  jurisdic- 

4  tion  to  try  and  determine  all  offenses  triable  in  courts  of  special 

/•  x 

5  sessions,  and  shall  have  the  powers  and  jurisdiction  conferred 

6  upon  such  courts  by  section  fifty-six  of  the  code  of  criminal 

7  procedure. 

8  §  395.  Every  police  justice  shall  also  have  power  to  try  the 

9  following  offenses  committed  within  his  jurisdiction,  namely, 
19  cases  of  malicious  mischief  or  injury;  all  offenses  against  public 

11  decency;  selling  unwholesome  provisions;  breaches  of  the  peace; 

12  all  violations  of  the  laws  and  ordinances  of  the  city,  and  of  the 

13  board  of  health  thereof,  and  all  other  offenses  of  the  grade  of 
11  misdemeanor  under  the  laws  of  the  state. 

15  §  396.  Every  police  justice  shall  also  possess  the  powers  and 

19  perform  the  duties  of  justices  of  the  peace  of  towns  in  cases  of 
17  bastardy.  Such  proceedings  shall  be  governed  by  the  provisions 
1§  of  the  code  of  criminal  procedure  except  that  they  may  be  held 
19  and  ©onducted  before  either  one  of  the  justices  with  the  same 
9Q  force  as  if  two  magistrates  were  present. 

21  §  397.  It  shall  be  the  duty  of  the  police  justice,  or  of  one  of 

22  them,  if  there  be  more  than  one,  to  be  present  at  the  police  court 

23  rooms  at  least  six  hours  each  day,  Sundays  and  legal  holidays 
2i  excepted,  for  the  transaction  of  business,  unless  necessarily  de- 
25  tained  therefrom  by  sickness  or  unavoidable  accident. 


100 


j  §  398.  The  police  justice  or  justices  shall  have  such  clerical 

2  assistance  as  the  common  council  may  by  ordinance  prescribe, 

3  and  shall  pay  into  the  city  treasury  once  in  each  week  all  fees, 

4  penalties  and  other  moneys  received,  and  shall  cause  an  item- 

* 

5  ized  account  of  the  same  to  be  published  in  the  official  newspapers. 

3  §  399.  Whenever  a  list  is  made  by  the  proper  officer  or  officers 


3 

9 


10 


11 

o 

-a.  -J 

13 

11 

15 

1(3 

17 

IS 

19 


20 


2  L 


22 


21 

25 

26 


of  the  persons  who  are  required  to  serve  as  jurors  in  the  courts 
of  record  to  be  held  in  the  county  in  which  the  city  is  situated,  a 
duplicate  of  such  list  shall  be  filed  by  such  officer  or  officers  with 
the  city  clerk.  The  clerk  shall  immediately  make  two  copies  from 
such  list  of  all  the  names  of  jurors  therein  who  are  residents  of 
the  city,  and  file  one  of  such  copies  in  the  city  court  and  one  in 
the  police  court. 

§  400.  In  the  police  court  at  the  time  of  interposing  any  plea 
which  forms  an  issue  of  fact,  the  defendant  may  demand  a  trial 
by  jury,  and  unless  so  demanded  then  a  trial  by  jury  is  waived. 

§  401.  Wlien  a  trial  by  jury  is  duly  demanded  as  above  pro¬ 
vided,  the  police  justice  at  the  time  presiding  in  the  court 
must  forthwith  openly  draw  such  number  of  ballots  as  he 
deems  necessary  from  a  box,  or  other  receptacle,  containing  the 
names  of  the  persons  who  are  returned  as  jurors  of  the  city  for 
the  courts  of  record  of  the  county  upon  the  last  list  thereof  filed 
in  such  court  by  the  city  clerk,  as  above  provided,  as  jurors  to 
attend  for  the  purpose  of  trying  the  issues  joined  as  above  stated 
at  a  time  to  w  hich  the  cause  in  which  issue  has  been  joined  shall 
then  be  adjourned  by  him,  not  more  than  eight  days  from  the 


101 


1  joining  of  issue,  unless  the  parties  consent  to  a  longer  adjourn* 

2  ment,  which  consent  shall  be  entered  in  the  minutes  of  the  court 

3  Before  drawing  such  ballots  they  shall  be  thoroughly  mingled  in 

4  the  box  or  receptacle  containing  them.  Thereafter,  except  as 

5  herein  otherwise  provided,  and  so  far  as  consistent  with  this 

6  act,  the  provisions  of  sections  twenty-nine  hundred  and  ninety- 

7  two,  twenty-nine  hundred  and  ninety-three,. twenty -nine  hundred 

8  and  ninety-four,  twenty-nine  hundred  and  ninety -five,  twenty- 

/ 

9  nine  hundred  and  ninety-six,  twenty-nine  hundred  and  ninety- 

10  seven,  twenty-nine  hundred  and  ninety-eight,  twenty-nine  hun- 

11  dred  and  ninety- nine,  three  thousand  and  six,  three  thousand  and 

y  * 

12  seven,  three  thousand  and  eight  and  three  thousand  and  nine 

13  of  the  code  of  civil  procedure  shall  govern  the  further  proceed- 

14  ings  upon  the  issue  joined  as  above  provided.  The  police 

15  justice  has  the  powers  and  duties  conferred  and  imposed 

16  upon  justices  of  the  peace  under  those  sections.  The  v.enire 

17  must  be  issued  in  criminal  cases  to  a  police  officer,  who  shall 
* 

18  have  all  the  powers  and  duties  of  constables  under  those  sections. 

19  §  402.  Jurors  in  the  city  court  shall  receive  the  same  compensa- 

% 

20  tion  as  jurors  in  justices’  courts  held  by  justices  of  the  peace. 

21  §  403.  The  police  justices  of  the  cities  of  Syracuse,  Albany  and 

22  Rochester  shall  continue  in  office  under  the  powers,  provisions 

23  and  restrictions  of  this  act  until  the  expiration  of  the  term  for 

24  which  they  were  elected. 

t j  , 

2;~ 


D. 


26 


3 


ARTICLE  XIV. 


2 

3 


.... 

. 


DEPARTMENT  OF  LAW. 

§  413.  There  shall  be  a  corporation  counsel  appointed  by  the 


^  mayor,  who  shall  hold  his  office  during  the  pleasure  'of  the 
S  mayor  appointing  him,  and  he  shall  be  the  head  of  the  department 
8  of  law.  He  shall,  by  a  certificate  in  writing,  to  be  filed  with  the 

7  city  clerk,  appoint  an  assistant,  a  clerk  and  such  other  subordi- 

8  nates  as  the  board  of  estimate  and  apportionment  may  pre- 
8  scribe,  who  shall  hold  their  respective  offices  during  his 

10  pleasure,  and  they  shall  discharge  such  duties  appertaining 

11  to  their  offices  as  he  may  direct. 

% 

78  §  414.  The  salaries  of  the  corporation  counsel,  his  assistant,  clerk 

13  and  other  subordinates  shall  be  fixed  by  the  board  of  estimate  and 

14  apportionment  and  they  shall  receive  no  fees  or  other  compensa- 

15  tion  of  any  kind  whatever,  except  that  the  corporation  counsel  may 

16  receive  to  his  own  use  the  costs  of  suits,  as  hereinafter  provided. 
77  But  all  costs,  allowances  and'  disbursements  in  proceedings  for  the 

18  opening  of  streets,  and  the  acquirement  of  land  bv  condemnation 

19  proceedings,  shall  be  collected  and  paid  over  to  the  city  treasurer. 

'  < 

20  §  415.  The  corporation  counsel  shall  execute  a  bond  to  the  city, 

21  in  the  penalty  of  five  thousand  dollars,  which,  as  to  its  form, 

22  penalty  and  sureties,  shall  be  approved  by  the  mayor, 

23  §  416.  He  shall  be  and  act  as  the  legal  adviser  of  the  common 

24  council  and  of  the  several  officers,  boards  and  departments  of 

i 

25  the  city,  and  he  shall  appear  for  and  protect  the  rights  and  inter- 

26  ests  of  the  city  in  all  actions,  suits  and  proceedings  brought  by 


103 


1 

2 


O 

O 

4 

5 

6 
7 
S 
9 

10 

11 

12 

13 

14 


15 


16 

17 

18 
19 


20 


21 

22 

23 

24 

25 

26 


and  against  it  or  any  city  officer,  board  or  department;  and  such 
officers,  boards  or  departments  shall  not  employ  other  counsel. 

§  417.  No  written  contract  providing  for  the  payment  of  two 
.  hundred  dollars  or  more,  entered  into  by  the  city  or  any  of  its  offi¬ 
cers,  boards  or  departments  shall  be  acted  under  until  there  shall 
be  endorsed  thereon  by  the  corporation  counsel  or  his  assistant, 
a  certificate  to  the  effect  that  the  city  officer,  board  or  department 
which  has  executed  the  same  on  behalf  of  the  city,  had  authority 
and  power  to  make  such  contract,  and  that  such  contract  is  in 
proper  form  and  properly  executed;  and  he  shall  attend  to  all  the 
law  business  of  the  city,  and  discharge  such  other  duties  as  may  be 
prescribed  in  the  ordinances  of  the  common  council. 

§  418.  He  shall  be  entitled  in  actions  and  proceedings  in  which 
the  city  shall  be  successful  to  receive  to  his  own  use  all  costs  and 
'  allowances  which  shall  be  collected  from  the  adverse  party;  but 
he  shall  repay  to  the  city  treasurer  all  amounts  disbursed  in  the 

i  _/ 

progress  of  such  actions  and  proceedings,  which  were  taxable  as 
disbursements  therein,  and  which  shall  have  been  paid  by  the  city 
treasurer,  w  henever  and  as  soon  as  such  amounts  are  collected. 

§  419.  He  shall  pay  over  at  once  to  the  city  treasurer  all  moneys 
collected  by  him  for  or  on  behalf  of  the  city,  including  fines  and 
penalties;  and  he  shall  annually,  on  the  first  Tuesday  of  February, 
file  with  the  mayor  of  the  city  an  inventory  of  all  the  books  and 
property  belonging  to  the  city  in  his  custody. 

§  420.  He  shall,  whenever  he  considers  that  the  best  interests 
of  the  city  will  be  subserved  thereby,  enter  into  an  agreement,  In 


104 


1  writing,  subject  to  the  written  approv  al  of  the  board  of  estimate 

I  / 

2  and  apportionment,  to  compromise  and  settle  any  claim  against 

3  the  city,  which  agreement  shall  be  reported  to  the  common  coun- 

« 

4  cil  at  its  next  meeting,  and  be  and  constitute  a  valid  obligation 

▼ 

5  against  the  city;  and  the  amount  therein  provided  to  be  paid  shall, 

6  with  interest  thereon  at  six  per  centum  from  its  date,  be  included 

7  in  the  next  city  tax  budget,  and  when  raised  by  tax  be  paid  to  the 

8  claimant.  If,  however,  before  the  adoption  of  the  city  tax  budget 

9  there  shall  be  received  by  the  city  treasurer  from  any  source,  any 

10  moneys  not  otherwise  appropriated,  the  amount  in  the  agreement 

11  provided  to  be  paid  shall  be  paid  out  of  such  moneys  so  received 

12  so  far  as  they  will  satisfy  the  same. 

13  g  421.  The  corporation  counsel,  with  the  written  consent  of  the 

14  mayor,  may  employ  counsel  at  such  compensation  as  may  be 

15  agreed  upon  by  the  board  of  estimate  and  apportionment,  to  assist 

16  him  in  the  argument  (and  conduct  of  important  cases  or  proceedings 

•  • 

17  in  which  the  city  is  interested  or  a  party. 

18  §  422.  The  amount  of  any  judgment  recovered  against  the  city, 

19  and  payable  by  it  remaining  unpaid,  w  ith  the  interest  due  thereon, 

20  in  case  no  appeal  is  intended  to  be  taken,  or  in  case  such  judgment 

21  is  finally  affirmed  on  an  appeal  taken,  shall  be  reported  by  the  cor* 

22  poration  counsel  immediately  after  the  same  shall  have  become 

23  payable  to  the  common  council ;  and  such  amount  shall  be  raised  in 

24  the  next  levy  of  taxes  for  the  expenses  of  the  city,  unless  execution 

25  upon  such  judgment  shall  be  stayed.  Such  judgments  shall  be 

26  paid  out  of  the  first  moneys  paid  into  the  city  treasury  on  account 


105 


1  of  such  levy,  in  the  order  of  their  recovery.  Until  the  money  bo 

2  raised  shall  be  paid  into  the  treasury  and  payment  of  judgments 

3  refused,  no  execution  shall  issue  against  the  city,  unless  the 

4  amount  of  such  judgments  shall  not  have  been  included  in  the  tax 

5  levy ;  provided,  nevertheless,  if  there  be  any  moneys  in  the  treas* 
g  ury  to  the  credit  of  a  fund  derived  from  the  revenues  of  the  city 
y  other  than  taxation  not  otherwise  appropriated  sufficient  to  aat- 
gisfy  such  judgments,  the  common  council  shall  direct  the  payment 
g  therefrom  of  such  judgments  in  the  order  of  their  recovery. 


10 

11 


12 


ARTICLE  XV. 


SUPERVISORS. 


432.  There  shall  be  elected  at  the  first  election  under  this 


23  act,  and  at  the  city  election  every  two  years  thereafter,  one 
2  4  supervisor  from  each  of  the  wards  of  the  city  who  shall  have  been 
25  a  resident  in  such  ward  for  at  least  five  months  prior  to  such  elec- 
2  3  tion,  and  who  shall  hold  his  office  for  two  years.  Such  supervisors 
2 7  shall  have  the  powers  and  be  under  the  duties  of  supervisors  of 
2  g  towns  under  general  laws  of  the  state  so  far  as  they  are  consistent 
2g  with  the  provisions  of  this  act;  and  such  laws,  so  far  as  they  are 
90 applicable,  shall  regulate  such  powers  and  duties. 


21 


09, 


ARTICLE  XVI. 


SEALER  OF  WEIGHTS  AND  MEASURES. 


23  §  442.  There  shall  be  a  sealer  of  weights  and  measures  ap- 

94  pointed  by  the  mayor  within  ten  days  after  the  beginning  of 

25  every  mayoralty  term.  He  shall  hold  office  for  two  years,  unless 

26  D-  m 


1  sooner  removed  by  the  mayor,  and  shall,  wifhin  the  city,  have  the 

2  powers  and  perform  the  duties  of  town  sealers  of  weights  and 

3  measures  under  the  general  laws  of  the  state  and  he  shall  have  no 

4  pay  except  the  fees  authorized  by  law. 

5  ARTICLE  XVII. 

^  ,  MISCELLANEOUS  PROVISIONS. 

7  §  452.  No  officer  of  any  city  government,  except  corporation 

8  counsel,  city  marshal,  commissioners  of  deeds  and  city  officers 

9  acting  as  commissioners  of  deeds,  shall  have  or  receive  to  his  use 

10  any  perquisites,  compensation  or  fees  for  services  pertaining 

11  directly  or  indirectly,  or  which  may  hereafter  be  added  to  the 

t 

12  duties  of  his  office,  in  addition  to  his  salary.  The  compensation 

13  of  all  the  officers,  clerks  and  subordinates  in  the  several  depart- 

14  ments  shall  not  exceed  in  the  aggregate  the  appropriation  made 

15  by  the  board  of  estimate  and  apportionment  for  the  purpose. 

16  §  453.  No  additional  allowance,  beyond  the  legal  claim  which 
11  exists  under  any  contract  with  the  corporation,  or  for  any  ser- 

18  vices  on  its  account  or  in  its  employment,  shall  be  made. 

19  §  454.  No  bid  shall  be  accepted  from,  or  contract  awarded  to 

i 

20  any  person  wTho  is  then  as  principal  or  surety  in  default  to  the 

*  , 

21  city  upon  debt,  contract  or  obligation. 

%  v 

22  §  455.  No  member  of  the  common  council,  or  other  city  officer, 

23  shall  be  interested  directly  or  indirectly,  in  any  contract  in  which 

24  the  city  is  a  party,  either  as  principal  or  surety  in  such  contract; 

25  nor  shall  any  member  of  the  common  council,  city  officer,  or 


1  salaried  employe  thereof,  or  his  partner,  or  any  agent,  servant  or 

2  employe  of  such  member,  or  officer,  or  of  the  firm  of  which  he  is 
^  a  partner,  purchase  from  or  sell  to  the  city,  or  any  officer  thereof, 

4  any  real  or  personal  property  for  the  use  of  the  city,  or  any 

5  board  or  officer  thereof,  or  be  interested,  directly  or  indirectly, 

6  in  any  work  to  be  performed  for,  or  services  rendered  to  or  for  it, 

7  or  in  any  sale  to  or  from  said  city,  or  to  its  officers,  or  any  person 

8  in  its  behalf;  and  any  contract  made  in  violation  of  any  of  these 

9  provisions  shall  be  void.  No  officer,  or  employe  of  the  city  shall 

10  be  eligible  to  or  hold  the  office  of  inspector  of  elections,  poll-clerk 

11  or  ballot-clerk*  but  the  fact  that  a  person  is  a  commissioner  of 

12  deeds  shall  not  disqualify  him  from  holding  such  office. 

13  §  456.  In  addition  to  the  officers  required  by  this  act  to  give 

14  bonds,  the  common  council  may  require  any  other  officer  or  per* 

15  son  who  is  or  may  be  appointed  under  the  provisions  of  this  act 

16  to  give  like  bonds  with  such  sureties  as  it  may  approve,  and 
1?  conditioned  as  it  may  direct;  and  it  may,  whenever  it  may  be 

18  proper,  require  additional  or  further  security  of  any  officer  or 

19  person  after  the  giving  of  the  bond  first  required. 

20  §  457.  Except  as  otherwise  provided  by  law  no  person  elected 
91  or  appointed  to  any  office  under  the  provisions  of  this  act  shall 

22  enter  upon  the  discharge  of  his  duties  until  the  bond,  if  any, 

23  required  to  be  given  by  him  shall  have  been  approved. 

24  §  458.  No  person  shall,  at  the  same  time,  hold  more  than  one 

25  of  the  offices  created  or  authorized  by  this  act,  but  this  provision 


108 


\ 

1  does  not  apply  to  the  offices  of  notary  jhiblic  and  commissioner  of 

2  deeds. 

3  §  459.  No  person  shall  have  power  to  make  any  purchase  or 

4  contract  any  debt  on  the  part  of  the  city,  unless  especially  author* 

5  ized  by  the  provisions  of  this  act. 

q  §  4G0.  Upon  the  trial  of  any  issue,  or  upon  the  taking 

« 

Y  or  making  of  any  inquisition,  appraisal  or  award,  or 

< 

8  upon  the  judicial  investigation  of  any  facts  whatever, 

\  /  ,  * 

9  to  which  issue,  inquest  or  investigation  the  city  is  a  party, 
10  or  in  which  the  city  may  in  any  way  be  interested,  no  person 
H  shall  be  deemed  an  incompetent  judge,  referee,  commissioner, 

12  witness  or  juror  by  reason  of  his  being  an  inhabitant,  freeholder 

13  or  taxpayer  of.  the  city. 

14  §  461.  The  city  shall  not  be  liable  for  injuries  sustained  by  any 

15  person  in  consequence  of  any  street,  highway,  bridge,  culvert, 

16  sidewalk  or  crosswalk  being  defective,  out  of  repair,  unsafe  or 
IT  dangerous,  or  obstructed  by  snow  or  ice,  or  in  any  way  or  manner, 

18  in  the  absence  of  actual  notice  of  the  defective,  unsafe,  dangerous 

19  or  obstructed  condition  of  such  street,  highway,  bridge,  culvert, 

20  sidewalk  or  crosswalk  to  the  commissioner  of  public  works,  unless 

21  such  defective,  unsafe,  dangerous  or  obstructed  condition  shall 

* 

22  have  existed  at  least  forty-eight  hours  previous  to  such  damage 

23  or  injury.  All  claims  against  the  city  for  damages  for  injuries 

\ 

24  to  person  or  property,  claimed  to  have  been  caused  by  the  mis* 

25  feasance  or  negligence  of  the  city,  or  any  of  its  officers  or  employes, 

26  shall  be  presented  to  the  common  council  in  writing,  within  three 


109 


1  months  after  such  injuries.  Such  writing  shall  describe  the  time, 
2*  place,  cause  and  extent  of  the  injuries,  so  far  as  then  practicable, 

3  verified  bj  the  oath  of  the  claimant.  The  omission  to  present 

4  such  claims  within  three  months,  or  to  commence  an  action 

5  thereon  within  one  year,  shall  be  a  bar  to  any  claim  or  action 

6  therefor  against  the  city.  Nothing  contained  in  this  section  shall 

V  i  ,  L'.O  '  •  ’  / 

7  be  held  to  repeal  or  qualify  any  existing  requirement  or  statute 

8  of  limitation  which  is  applicable  to  this  class  of  actions,  but  on 

9  the  contrary  shall  be  held  to  be  an  additional  requirement  to  the 

10  right  to  maintain  such  action.  The  place  of  trial  of  all  actions 

11  against  the  city  shall  be  the  county  in  which  the  city  is  situated. 

12  §  462.  The  several  heads  of  departments  shall  present  to  the 

13  mayor,  annually,  on  or  before  the  first  Monday  of  November,  a 

14  report  of  their  proceedings  during  the  preceding  year,  and  he 

15  shall  transmit  the  same  to  the  common  council  with  any  recom- 

16  mendations  he  may  think  proper  to  make.  Hut  nothing  in  this 
11  section  contained  shall  be  so  construed  as  to  relieve  such  heads 
18  of  departments  from  furnishing  information  required  by  the 
If  mayor  at  any  other  time. 

20  §  463.  Charges  against  any  city  officer  may  be  of  disability 

21  for  service,  in  which  case  the  examination  shall  be  one  of  inquiry, 

22  and  the  decision  may  be  for  honorable  discharge  from  service; 

23  or  of  neglect,  or  violation  of  law  or  duty,  inefficiency,  intemper- 

24  ance,  disobedience  of  orders,  or  unbecoming  official  or  personal 

25  D. 

'  .  T  -  .  ' 


1 

2 

'3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

IS 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 


110 


conduct,  in  which  case  the  examination  shall  be  a  trial,  and  the 
offender  may  be  punished  as  in  this  act  provided. 

§  464.  No  witness  shall  be  excused  from  testifying  in  any  crim¬ 
inal  proceeding  or  in  any  investigation  or  inquiry  before  the  com¬ 
mon  council  or  any  committee  thereof,  or  before  any  officer  of  the 
city  having  the  right  to  conduct  the  investigation,  touching  hie 
knowledge  of  any  offense  committed  against  the  provisions  of  this 
act  or  any  of  the  ordinances  of  the  city;  but  such  testimony  shall 
not  be  used  against  him  in  any  criminal  prosecution  whatever. 

§  465.  No  assessment  that  may  hereafter  be  levied  shall  be 
void  or  shall  be  vacated  by  any  court  because  of  a  failure  on  the 
part  of  the  contractor  to  comply  in  the  execution  of  the  work  with 
all  the  requirements  of  law  or  the  contract  in  respect  thereto; 
provided  that  if  any  taxpayer  or  any  owner  of  property  liable  to 
be  assessed  therefor  shall  make  an  affidavit  during  the  progress  of 
any  work  to  the  effect  that  such  work  is  not  done  or  not  being  done 
according  to  law  or  the  contract,  specifying  in  what  respects  it 
does  not  comply  therewith,  and  shall  file  such  affidavit  with  the 
commissioner  of  public  works  and  deliver  a*  copy  thereof  to  the 
contractor,  his  agent  or  either  of  the  sureties  on  his  bond,  and 
shall,  within  twenty  days  after  the  confirmation  of  the  assess- 
ment,  take  the  proceedings  mentioned  in  the  next  section, 

the  court  may  stay  the  payment  to  the  contractor  of  any 

*  * 

money  under  his  contract;  and  if  it  shall  appear  on  the  hear¬ 
ing  in  such  proceeding  that  the  defects  stated  in  such  affidavit 


Ill 


1  exist,  the  court  shall  order  that  the  amount  assessed  shall  not  be 

2  paid  to  the  contractor  and  shall  not  be  forced  by  the  city  until 

3  such  work  shall  be  done  in  accordance  with  law  and  the  con* 

4  tract  therefor,  and  no  interest  shall  be  charged  upon  the  assess- 

5  ment  during  the  time  that  the  payment  thereof  shall  be  stayed, 

# 

6  provided  that  the  court  shall  finally  decide  that  the  defects  charged 

7  existed  and  were  of  a  substantial  nature.  Whenever  it  shall  in 

8  any  way  appear  to  the  court  that  manifest  injustice  or  damage 

9  has  been  done  to  the  city  or  any  person  or  property  assessed  by 

10  reason  of  a  failure  to  comply  with  the  contract  relating  to  any 

11  work,  the  court  may,  if  it  be  before  sale  and  before  the  contractor 

12  shall  have  been  paid  the  sum  provided  by  his  contract  to  be  paid 

13  to  him,  reduce  the  amount  of  the  assessment  or  allowance  in  such 
14.  amount  as  will  enable  the  owner  or  the  city,  as  the  case  may  be,  to 
15  have  the  work  done  in  accordance  with  the  contract;  and  if  after 
13  sale  or  after  the  contractor  shall  have  been  paid,  the  court  shall 
17  grant  judgment  for  the  damages  against  the  contractor  and  hi§ 

* 

^|13  sureties  as  hereinafter  provided,  the  contractor  and  the  sureties 

19  on  his  bond  and  their  legal  representatives,  or  such  of  them  as  can 

20  be  served  with  process  or  notice,  shall  be  made  parties  to  any 

21  proceeding  for  that  purpose,  and  shall  be  therein  adjudged  to  be 

'  •  / 

22  liable  to  the  party  injured  or  the  city,  as  the  case  may  be,  for  the 

23  amount  in  wThich  any  assessment  ot  allowance  shall  be  reduced, 

■  ’  * 

24  if  it  appears  that  the  contractor  was  in  fault  in  the  premises. 

25  If  the  city  was  in  fault  it  shall  be  adjudged  to  be  liable  to  the  party 

s- 

23  injured  for  such  amount. 


112 


i  §  466.  If,  in  the  proceedings  relative  to  any  assessment  or 
assessments  for  local  improvements  in  the  city,  or  in  the  proceed- 
S  ings  to  collect  the  same,  any  fraud  or  defect  in  the  work,  or  sub* 

4  stantial  error,  shall  be  alleged  to  exist  or  have  been  committed, 

5  the  party  aggrieved  thereby  may,  within  twenty  days  after  the 

6  completion  of  the  assessment,  apply  to  have  the  assessment 

7  vacated  or  reduced,  to  a  judge  of  the  supreme  court,  at  special 

8  term  or  at  chambers,  or  to  the  county  judge,  who  shall  thereupon, 

9  upon  due  notice  to  the  corporation  counsel,  and  to  the  contractor 
10  and  his  sureties,  or  any  other  person,  if  they,  or  either  of  them,  be 
xl  proper  parties,  proceed  forthwith  to  hear  the  proofs  and  allega- 

12  tions  of  the  parties. 

13  §  467.  If  after  such  hearing  it  shall  be  finally  decided  that  the 

14  alleged  fraud  or  defect  in  the  work,  or  substantial  error, 

15  exists  or  has  been  committed,  the  assessment  shall  be  vacated 

■>  • 

1 6  except  as  herein  otherwise  provided,  and  the  lien  created  thereby 

i 

17  or  by  any  subsequent  proceeding  shall,  except  as  herein  otherwise 

18  provided,  cease;  and  no  suit  or  action  in  the  nature  of  a  bill  in 

'  r 

19  equity  or  otherwise  shall  be  commenced  to  vacate  any  assess- 

20  ment  in  the  city  or  to  remove  a  cloud  upon  title  arising  from  any 

21  assessment  hereinafter  made.  In  case  the  assessment  shall  not 

22  be  vacated,  the  assessment  may  be  reduced  or  judgment  may  be 

23  given  as  herein  provided.  Owners  of  property  shall,  in  pro- 

24  ceedings  to  reduce  or  vacate  or  stay  payment  of  assessments,  be 

25  confined  to  the  form  of  proceeding  in  this  article  mentioned.  The 


113 


1  curt  may,  in  a  proper  case  in  proceedings  under  this  article, 
9  direct  that  any  issue  or  issues  of  fact  be  tried  before  a  jury. 

8  §  468.  It  is  further  provided  that  no  assessment  that  may  be 

4  hereafter  made  shall  be  void  or  shall  be  vacated;  nor  the  sale  of 

5  property  therefor  be  declared  illegal,  or  the  deed  or  certificate 
of  conveyance  therefor  be  adjudged  invalid  or  illegal,  or  any 

7  moneys  paid  on  account  of  or  because  of  such  assessment  be  re- 

8  covered  back  or  refunded  because  of  any  error,  illegality  or  irrego- 

9  larity  in  any  of  the  proceedings  in  relation  to  the  work  or  improve- 

10  ment  for  which  such  assessment  was  made  prior  to  the  com- 

11  men  cement  of  the  work,  including  the  letting  of  the  contract  for 

12  the  work,  unless  the  party  objecting  thereto  shall  have  filed  his 

13  objection  or  objections  with  the  board  of  estimate  and  apportion- 

¥  ' 

14  ment  within  ten  days  after  the  letting  of  the  contract  for  said 

15  work,  stating  the  error,  illegality  or  irregularity  complained  of, 

.  * 

13  together  with  his  address;  the  board  shall  thereupon  give  the 
17  person  or  persons  filing  such  objection  or  objections,  together 

»th  the  contractor  to  whom  the  contract  to  do  the  work  was  let, 
d  the  commissioner  of  public  works  a  hearing,  and  the  decision 
20  of  the  board  shall  be  final  and  conclusive,  unless  within  ten  days 
21  after  such  decision,  the  party  or  parties  filing  such  objection  or  the 
22  contractor  or  the  city  shall  commence  proceedings  to  review  the 
23  same;  and  in  the  event  that  the  proceedings,  or  any  of  them,  in- 
24  eluding  the  letting  of  the  contract,  be  adjudged  illegal,  the  con- 
25  29, 


114 


3  tract  for  doing  the  work  shall  be  and  become  null  and  void  and 

2  in  no  respect  binding  upon  the  city. 

3  §  469.  When  proceedings  are  taken  because  the  work  has  not 

4  been  done  according  to  law,  or  the  assessment  is  reduced  because 

5  the  work  has  not  been  done  according  to  law,,  or  contract;,  and  a 

6  certificate  of  indebtedness  for  such  work  or  any  part  thereof 

7  shall  have  been  issued,  or  payments  for  such  work  or  any  part 

8  thereof  shall  have  been  made,  and  no  objection  shall  have  been 

9  filed  prior  to  the  issuing  of  such  certificate  or  payment,  the*  court 
IQ  shall  not  reduce  the  assessment  below  the  amount  of  the  certifl- 

cate  issued  or  payments  made  and  the  interest  due  thereon. 

12  Whenever  an  assessment  for  any  public  work  or  improvement, 

13  hereafter  made,  shall  be  vacated  or  set  aside  under  the  provisions 
14_  of  this  article,  the  assessors  shall  forthwith  proceed  to  make  a 
15  new  apportionment  and  assessment  for  the  same,  with  interest 
13  thereon,  or  for  such  amount  as  the  court  shall  by  its  judgment 


17  direct.  > 

lg  §  470.  Either  party  may  appeal  from  the  final  decision 
court,  or  a  judge  thereof,  upon  any  proceedings  taken  und 


* 

lePchis 


2Q  article,  the  same  as  from  an  order  in  a  civil  action.  Such  appeal 
2i  must  be  taken  within  ten  days  after  the  service  upon  such  party 


22 


23 


of  notice  of  such  final  decision. 


471.  Two  or  more  persons  may  unite  in  commencing  and 


2^  prosecuting  proceedings  under  this  article;  and  when  two  or  more 
25  persons  have  commenced  separate  proceedings  under  this  article 


26 


to  vacate  or  reduce  assessments  for  the  same  public  work  or  im- 


115 


1  provement,  the  court  or  the  judge  before  whom  the  same  are  com! 

2  menced  or  pending,  or  where  some  are  commenced  before  thq 

3  county  judge,  and  some  in  the  supreme  court,  a  judge  of  the! 

4  supreme  court  at  special  term  or  chambers  may  consolidate  such 

5  separate  proceedings  into  one  proceeding. 

g  §  472.  Upon  payment  of  ten  dollars  a  year  to  the  treasurer,  any 
7  taxpayer  of  the  city  may  have  one  copy  of  the  following  publica- 
g  tions,  which  shall  be  delivered  to  him  by  a  city  marshal  immedi- 
ately  after  they  are  respectively  printed,  at  any  place  within  the 
city  designated  by  him,  within  one-quarter  of  a  mile  from  the  place 
where  the  common  council  shall  hold  its  meetings:  The  printed 
^2  minutes  of  the  meetings  of  the  common  council,  of  the  board  of 

estimate  and  apportionment,  and  of  the  board  of  contract  and  sup- 

* 

^  ply,  as  they  from  time  to  time  appear,  and  the  bound  and  indexed 
^  volume  of  each  at  the  end  of  each  year  and  claims  against  the  city 
presented  by  the  comptroller  as  they  from  time  to  time  appear  in 
^  their  printed  form,  and  the  comptroller’s  annual  published  state- 


20 

21 

22 

23 

24 

25 

26 


ment  of  the  financial  condition  of  the  city. 

SAVING  AND  REPEALING  CLAUSES. 

§  482.  All  statutes  of  the  state  and  ordinances  of  the  city  so  far 
as  inconsistent  with  the  provisions  of  this  act  are  hereby  re¬ 
pealed,  but  such  repeal  shall  not  affect  any  right  already  existing 
or  accrued,  or  any  liability  incurred  by  reason  of  any  violation  of 
any  law  heretofore  existing,  or  any  suit  or  proceeding  already  in* 
stituted,  or  action  had  under  the  laws  or  ordinances,  unless  other¬ 
wise  expressly  provided  in  this  act.  But  nothing  herein  con- 


116 


30 


2  0990 


498 


1  tained  shall  be  construed  so  as  to  affect  any  of  the  several  acts  or 

2  parts  of  acts  to  regulate  and  improve  the  civil  service  of  the 

3  state  of  New  York. 

4  §  483.  Nothing  contained  in  this  act  shall  be  construed  to 

5  repeal  any  statute  of  the  state  or  ordinance  of  the  city  not  incon- 
@  sistent  with  the  provisions  of  this  act  and  the  same  shall  remain 
r  ;Ql  fun  force  and  effect,  when  not  inconsistent  with  the  provisions 

of  this  act,  to  be  construed  and  operated  in  harmony  with  the 


8 

9  provisions  of  this  act. 

WHEN  TO  TAKE  EFFECT. 

n  §  495.  Except  as  otherwise  provided,  so  much  of  this  act  as  per- 
tains  to  the  election  of  officers  and  to  the  provisions  of  section 


10 


12 


13 


thirty  one  shall  take  effect  September  first,  eighteen  hundred  and 
14  ninety-nine,  and  the  remainder  of  the  act  shall  take  effect  .Tann- 

^  ary  first,  nineteen  hundred. 


